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Commonwealth  of  Pennsylvania 


THE  COMMISSION  ON 

Constitutional  Amendment  and  Revision 


REPORT 

OF  THE 

COMMISSION 

TO  THE 

GENERAL  ASSEMBLY 


DECEMBER  15,  1920 


Members : 

William  I.  SchaflFer,  Chairman 

George  E.  Alter 

Hampton  L.  Carson 

John  P.  Connelly 

Thomas  DeWitt  Cuyler 

Charles  H.  English 

John  S.  Fisher 

Edward  J.  Fox 

James  Gay  Gordon 

John  P.  Kelly 

Vance  C.  McCormick 

Mrs.  John  O.  Miller 

R.  L.  Munce 

George  Wharton  Pepper 

William  Perrine 

Gifford  Pinchot 

James  H.  Reed 

Edgar  Fahs  Smith 

Edward  J.  Stackpole 

William  Kerper  Stevens 

Mayer  Sulzberger 

Francis  Newton  Thorpe 

Chester  J.  Tyson 

John  A.  Vol! 

Mrs.  Barclay  H.  Warburton 


William  Draper  Lewis,  Secretary 
Matthew   H.   Taggari,   Assistant   Secretary 


iXOHANOat 


(2) 


PART  I. 


INTRODUCTORY  SUMMARY. 


43184T 


^3) 


M 


(4) 


REPORT  OF  THE  COMMISSION  ON 
CONSTITUTIONAL  AMENDMENT  AND  REVISION 

TO  THE  GENERAL  ASSEMBLY  OF  THE 
COMMONWEALTH  OF  PENNSYLVANIA 

To  the  Members  of  the  Seriate  and  House  of  Representatives: 

Your  Commission  was  appointed  by  the  governor  on  November  22, 
1919,  under  the  act  of  June  4,  1919,"  P.  L.  388.  The  second  section 
()\'  the  act  states  our  duties  as  follows: 

"It  shall  be  the  duty  of  the  Couimission  on  Constitutional 
Amendment  and  Revision  to  study  comprehensively  and  in 
detail  the  provisions  of  the  present  constitution  in  the  light 
of  modern  thought  and  conditions  with  especial  view  of  the 
necessity  or  advisability  of  changing  or  omitting  any  such 
provisions,  in  order  to  obtain,  and  secure  for  the  people  of  this 
commonwealth  a  form  of  government  best  suited  to  their  needs 
and  most  conducive  to  their  welfare.  If  the  commission  find 
a  change  in  the  constitution  advisable,  it  shall  determine  the 
•  best  means  of  effecting  such  change,  whether  by  amendment  of 
particidar  sections  or  articles  or  by  general  revision. 

"The  commission  shall  report  to  the  general  assembly  at  its 
next  session  of  one  thousand  nine  hundred  and  twenty-one, 
not  later  than  the  first  Monday  of  February.  The  report' shall 
contain  in  detail  such  recommendations  as  to  the  continuance, 
discontinuance,  or  modification  of  existing  provisions,  or  the 
adoption  of  new  provisions,  as  the  commission,  from  its  investi- 
gations and  study,  shall  deem  advisable  and  proper.  The  re- 
port shall  further  contain  drafts  of  any  proposed  amendments, 
or  may  contain  the  draft  of  a  general  revision." 


PART  I. 
INTRODUCTORY  SUMMARY. 

The  first  meeting  of  the  Commission  was  held  on  December  9,  1919. 
This  and  all  subsequent  meetings  have  been  public,  and,  with  the 
exception  of  one  meeting  at  Scranton,  have  been  held  in  the  Senate 
Chamber  at  Harrisburg 

In  April,  a  series  of  public  hearings  was  held  at  which  any  citizen 
oi  the  commonwealth  who  desired  was  given  an  opportunity  to  make 
suggestions.     The  suggestions  thus  received  were  most  helpful. 

The  draft  of  a  revised  constitution  which  appears  as  Part  II  uH 
tills  report  was  prepared  after  a  comprehensive  study  of  the  present 
constitution  "in  the  light  of  modern  thought  and  conditions."    This 

(5) 


REPORT  OF  THE  COMMISSION  ON 


draft  embodies  those  changes  in  the  present  constitution  which  we 
believe  will  "obtain  and  secure  for  the  people  of  this  commonwealth 
a  form  of  government  best  suited  to  tlieir  needs  and  most  conducive 
to  their  welfare." 

No  changes  are  recommended  with  respect  to  the  general  form  of 
our  state  government.  The  division  of  powers  among  the  executive, 
legislative  and  judicial  branches  is,  in  our  opinion,  wise  and  neces- 
sary. Although  great  changes  in  thought  and  conditions  have  taken 
place  since  the  last  constitutional  convention,  they  do  not  make  neces- 
sary new  experiments  in  the  machinery  of  law-making  or  lessen  the 
value  of  representative  government. 

We  lind  no  necessity  for  any  change  in  the  Bill  of  Rights.  To' 
day,  as  throughout  our  history  as  a  state,  it  expresses  the  fundat 
mental  princii)les  upon  which  rest  the  right  of  tlie  citizen  to  the 
protection  of  his  person  and  property.  Study  and  reflection  con- 
vince us  that  no  alteration  should  be  made  either  in  substance  or 
in  form  and  therefore  Article  I  of  the  constitution  as  proposed  is 
identical  with  Article  1  of  the  present  constitution. 

The  remaining  articles  in  the  draft  submitted  propose  in  etfect, 
one  hundred  and  thirty-two  changes  of  substance  in  the  present 
constitution.  A  considerable  number  of  important  changes  are  sug- 
gested in  the  provisions  set  forth  in  the  articles  on  The  General  As- 
sembly, Legislation,  The  Executive,  The  Judiciary,  Suffrage  and 
Elections,  and  Taxation  and  Finance.  The  changes  of  substance  in 
the  other  articles  are  so  numerous  that  it  has  been  necessary  to  re- 
arrange and  re-write  them.  In  the  draft  submitted  all  the  provisions 
of  Article  XII,  Social  Welfare,  are  new;  and  those  of  Article  XI, 
Education,  are  al.>o  new  with  the  exception  of  the  provisions  of 
one  section.  Article  XIII  contains  the  scattered  provisions  of  the 
])resent  constitution  in  respect  to  municipalities,  with  several  changes 
and  with  a  number  of  new  provisions  of  great  importance. 

Great  care  has  been  taken  to  express  the  provisions  of  the  con- 
stitution as  proposed  in  clear  and  simple  English.  Inaccurate  lan- 
guage inevitably  gives  rise  to  doubt  and  litigation.  It  is  of  the 
greatest  importance,  therefore,  that  each  section  of  the  constitution 
should  be  so  expressed  as  to  put  its  meaning  beyond  the  possibility 
of  dispute.  To  this  end,  care  has  been  exercised  throughout  the  pro- 
posed constitution  to  use  words  and  phrases  uniformly.  As  a  result, 
an  idea  is  always  expressed  by  the  same  word  or  phrase,  and  a  word 
or  phrase  always  expresses  the  same  idea. 

Pains  have  been  taken  to  avoid  the  use  of  unnecessary  words.  The 
proposed  constitution  is  shorter  than  the  present  constitution,  al 
though  it  contains  many  new  provisions. 

In  a  number  of  cases  where  the  provisions  of  the  present  constitu- 
tion have  been  adopted,  "clarifying  changes"  have  been  made  in  or- 
der to  resolve  ambiguities.  In  such  cases  the  meaning  of  existing 
provisions  has  been  interpreted  in  the  light  of  judicial  decisions, 
or,  in  the  absence  of  such  decisions,  in  accordance  with  what  we 
judge  to  be  the  correct  interpretation. 

In  Part  II,  in  the  notes  to  the  constitution  as  proposed,  will  be 
found  cross-references  to  the  corresponding  sections  of  the  present 
and  prior  constitutions  of  the  commonwealth. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION. 


In  Exhibit  A  will  be  found  an  explanation  of  the  exact  sense  in 
which  certain  technical  words,  such  as  "officer,"  "commonwealth," 
and  "state"  are  used. 

Ijli  Exhibit  B  will  be  found,  in  parallel  columns,  the  text  of  the 
constitution  as  proposed  and  the  text  of  the  corresponding  provisions 
of  the  present  constitution. 

In  Exhibit  C  will  be  found  the  text  of  the  constitution  as  proposed, 
with  a  note  to  each  section  giving  the  text  of  the  corresponding  pro 
visions  of  the'  present  constitution  and  explaining  the  changes  of 
substance  and  clarifying  changes  embodied  in  the  new  section. 

Exhibit  D  contains  the  text  of  the  present  constitution  with  cross- 
references  to  the  corresponding  provisions  of  the  constitution  as 
jjroposed. 

Exhibit  E  is  an  index  to  the  proposed  constitution. 

The  published  records  of  the  Commission  include  a  full  steno- 
graphic report  of  all  meetings,  the  reports  of  committees  and  the 
memoranda  and  briefs  submitted  by  the  secretary  containing  informa- 
tion pertinent  to  the  subjects  considered.  In  order  that  all  the  in- 
formation which  has  been  gathered  on  constitutional  amendment 
and  revision  may  be  accessible  in  convenient  form,  we  have  directed 
our  secretary  to  prepare  a  sj^nopsis  of  the  material  collected  and  of 
the  suggestions  made. 

BRIEF  STATEMENT  OF  PRINCIPAL  CHANGES  RECOMMENDED. 

A  brief  statement  of  the  principal  substantive  changes 
recommended  will  suggest  the  extent  to  which  we  believe  that 
it  is  necessary  to  revise  the  present  constitution. 

"-  Organization  of  State  Government. 

We  have  found  occasion  for  substantive  changes  in  the  ar- 
ticles dealing  with  the  organization  of  the  state  government. 

Judicial  Organization. 

Thus,  in  the  article  on  The  Judiciary,  the  draft  submitted 
suggests  a  number  of  important  changes: 

Superior  Court. 

The  superior  court  is  established  as  a  constitutional  court 
with  jurisdiction  as  prescribed  by  law. 

Philadelphia  Common  Pleas. 

The  several  numbered  courts  of  common  pleas  in  the  county 
of  Philadelphia  are  combined  in  a  single  court  thus  conform- 
ing with  the  system  w^hich  now  prevails  in  the  other  counties. 

Associate  Judges. 

The  office  of  associate  judge,  not  learned  in  the  law,  which 
now  exists  in  many  of  the  counties,  is  abolished. 


REPORT  OF  THE  COMMISSION  ON 


Jiistices  of  Peace. 

A  total  change  is  made  in  liie  method  of  selecting  and  re- 
moving justices  of  the  peace  so  that  every  county  will  be 
divided  into  districts,  each  district  having  a  single  justice  who 
will  be  paid  a  salary  only  for  judicial  services  and  will  be  ob- 
ject to  removal  by  the  court  of  common  pleas  for  cause  shown. 

Philadelphia  Magistrates. 

-  In  Philadelphia,  the  system  of  magistrates  is  abolishe^l  and 
there  is  substituted  a  system  of  justices  of  the  peace  learned 
in  the  law  somewhat  similar  to  that  suggested  for  the  other 
counties,  subject,  however,  to  changes  as  prescribed  by  law. 

Pleading  and  Practice. 

The  duty  of  regulating  pleading  and  practice  in  courts  of 
record  is  imposed  upon  the  supreme  court  as  the  body  best 
fitted  to  deal  with  these  problems. 

Duties  of  Judges. 

The  provision  of  the  present  constitution  which  forbids  the 
imposition  of  non-judicial  duties  upon  the  justices  of  the  su- 
preme court  is  extended  to  the  judges  of  all  courts,  excepting, 
however,  the  supervision  of  elections  and  certain  powers  of 
appointment  which,  it  is  submitted,  may  be  properly  entrusted 
to  the  judiciary. 

Executive  Appointments. 

In  the  article  on  The  Executive  it  is  recommended  that  the 
governor  should  appoint  the  secretary  of  internal  affairs ;  that, 
so  far  as  practicable,  the  governor  should  be  forbidden  to  fill 
vacancies  without  the  consent  of  the  senate:  and  that  the  ''civil 
service  system"  should  be  extended  to  employes  of  the  state 
government. 

Powers  and  Duties  of  State  Government. 

Other  and  more  numerous  changes  are  suggested  in  the  pro- 
visions dealing  with  the  powers  and  duties  of  the  state  govern- 
ment. 

Budget  and  Charitahle  Appropriations. 

Modern  conceptions  of  efficiency  in  the  conduct  of  govern- 
ment, and  the  necessity  for  the  expen(Jiture  of  large  sums  of 
money  annually  in  the  support  of  institutions  for  the  care  of 
the  sick,  the  defective  and  the  insane  have  led  us  to  recom- 
mend the  establishment  of  a  complete  budget  system  for  the 
state  government  and  of  an  entirelj'^  new  method  of  appro])riat- 
ing  money  to  charities. 

Pensions. 

We  recommend  the  expansion  of  the  powers  of  the  state 
government  so  that  it  can  pay  pensions  not  only  for  military 


CONSTITUTIONAL  AMENDMENT  AND  REVISION. 


services  but  to  any  class  of  retired  servants  of  the  state  govern- 
ment and  to  school  teachers. 

SItafe  EUjliways. 

The  increased  necessity'  for  the  construction  of  public  high- 
ways is  recognized  by  a  provision  permitting  the  state  govern- 
ment to  ])orro\v  one  hundred  and  fifty  million  dollars  for  that 
purpose. 

^tate  Forests. 

The  obligation  to  conserve  and  develop  the  natural  resources 
of  the  state  is  recognized  and  its  discharge  is  made  possible 
by  a  provision  permitting  the  state  government  to  borrow 
twentyfive  million  dollars  for  forest  purposes. 

State  DeU. 

A  debt  created  for  either  of  these  purposes  must  have  the 
consent  of  two-thirds  of  each  house  of  the  general  assembly 
and  of  the  electors  of  the  commonwealth  voting  on  the  ques- 
tion. 

Amortization  of  State  Deht. 

Provision  is  made  for  the  amortization  of  such  loans  by  the 
issue  of  serial  bonds. 

Printing  and  Supplies. 

The  restrictions  in  the  present  constitution  prohibiting  the 
state  government  from  doing  its  own  printing  and  from  pro- 
viding supplies  necessary  for  the  capitol  buildings  are  removed, 
and  the  provisions  affecting  contracts  for  printing  and  sup- 
plies are  revised. 

Taxation. 

The  principal  changes  in  the  constitution  as  proposed  affec- 
ing  taxation  are  the  recognition  of  the  right  of  the  state  gov- 
ernment, in  levying  an  income  or  inheritance  tax,  to  exempt 
incomes  and  estates  below  a  minimum  specified  in  the  tax  law, 
of  the  right  to  levy  a  special  tax  on  anthracite  coal,  and  of  the 
right  to  appropriate  money  from  the  state  treasury  for  the 
relief  of  persons,  corporations  or  municipalities  injured  or 
damaged  by  surface  subsidence  resulting  from  past  or  future 
mining  of  anthracite  coal.  The  first  change  is  in  accordance 
with  modern  thought  and  practice.  The  other  two  will,  we 
hope,  enable  the  state  government  to  take  care  of  an  existing 
condition  in  the  Lackawanna  coal  district  which  is  at  present 
beyond  the  abilitv'  of  the  municipalities  concerned  to  deal  with 
ill  a  way  fair  to  all  the  public  and  private  interests  affected. 


10  REPORT  OF  THE  (COMMISSION  ON 


Suffrage  and  Elections. 

Race,  Color  or  Sew. 

In  the  article  on  Suffrage  and  Election?:,  w^  have  inserted  a 
provision  expressly  declarin":  that  the  right  to  vote  or  to  hold 
office  shall  not  be  denied  on  account  of  race,  color  or  sex. 

Pai/ment  of  Tax. 

The  tax  qualification  for  voting  is  omitted. 

Corporations. 

The  preSient  constitution  contains  many  wise  provisions  re- 
lating to  corporations  which  it  would  be  most  unfortunate  to 
alter,  but  it  also  contains  certain  prdhibitions  which  experience 
has  shown  serve  no  public  interest  and  hamper  legitimate 
enterprise. 

Holdinrf  Real  Estate. 

We  have  omitted  the  present  restriction  with  respect  to  cor- 
porate ownership  of  real  estate. 

8toch  Issues. 

A  change  is  suggested  in  the  provisions  with  respect  to 
issuing  stock,  so  that  it  will  be  possible  to  issue  new  stock  for 
less  than  par  if  the  market  value  is  below  par. 

Investment  "by  Trustees. 

The  proposed  constitution  permits  the  investment  by  trus- 
tees in  corporate  bonds,  provided  such  bonds  are  approved  by 
an  agency  created  by  law. 

Public  Utilities. 

In  the  article  on  public  utilities,  alterations  and  additions 
are  suggested  to  meet  the  growing  importance  of  the  subject. 

Regulation.  * 

In  the  constitution  as  proposed,  it  is  declared  that  all  public 
utilities,  and  not  merely  railroads,  canals  and  telegraphs,  as 
in  the  present  constitution,  may  be  regulated  by  law  or  by 
an  agency  created  by  law,  and  the  principles  stated  in  the. 
present  constitution  relating  to  the  obligations  of  railroad, 
canal  and  telegraph  corporations  to  the  public  and  to  each 
other  have  been  amplified  and  extended  to  all  utilities  engaged 
in  the  transportation  or  transmission  of  passengers,  freight 
or  messages. 

Consolidation  of  Corporations. 

It  is  proposed  to  permit  the  consolidation  of  public  service 
corporations,  subject  to  proper  regulation. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  11 


Surplus  Electricity. 

A  provision  is  inserted  permitting  a  common  carrier  to  sell 
to  others  its  surplus  electricity  for  light,  heat  or  power. 

Rights  in  Waters. 

We  recommend  that  neither  the  state  government  nor  a 
municipality  should  be  permitted  to  grant  a  right  in  waters 
for  more  than  fifty  years  or  without  just  compensation. 

Education. 
PuNic  Educational  System. 

The  improvement  of  the  educational  system  of  the  common- 
wealth is  a  matter  of  immediate  necessity.  The  suggested 
article  on  this  subject  requires  the  creation  of  a  system  of 
education  no  more  than  adequate,  though  far  in  advance  of 
that  which  exists  today.  This  system  is  to  include  free  ele- 
mentary, secondary  and  vocational  education  for  all  children, 
free  mental  and  vocational  training  for  persons  under  mental 
or  physical  disability,  free  education  in  American  citizen- 
ship for  adults,  schools  for  the  training  of  teachers,  public 
libraries  and  one  or  more  universities.  The  system  is  to  be 
administered  by  a  state  council  of  education  appointed  by  the 
governor  with  a  commissioner  of  education  as  its  chief  execu- 
tive officer. 

School  Fund. 

A  permanent  state  school  fund  is  provided. 

English  Language. 

There  is  a  provision  requiring  th6  basic  instruction  in  public 
and  private  schools  to  be  given  in  the  English  language  and 
from  English  text  books. 

Social  Welfare. 

As  a  people  we  have  grown  conscious  to  a  degree  in  which 
we  were  not  conscious  fifty  years  ago  of  tlie  obligation  of  the 
commonwealth  to  care  for  those  who,  on  account  of  physical 
or  mental  infirmities,  cannot  care  for  themselves.  The  article 
on  Social  Welfare  in  the  constitution  as  proposed  declares  that 
laws  shall  be  enacted  providing  for  the  maintenance  of  an 
efficient  system  of  institutions  audi  agencies  to  care  for  resi- 
dents of  the  commonwealth  who  cannot  care  for  and  support 
themselves  on  account  of  physical  or  mental  infirmities  or 
other  misfortunes.  It  also  provides  that  those  sentenced  to 
imprisonment  shall  be  employed  at  useful  labor  and  compen- 
sated for  their  employment.  Finally,  provision  is  made  for 
subjecting  charitable,  correctional  and  penal  institutions  and 
agencies  to  governmental  inspection  and  super\nsory  control 
and  for  vesting  the  power  to  enforce  the  law  with  respect  to 
such  institutions  in  one  or  more  departments  of  the  state  gov- 
ernment or  in  such  agencies  as  may  be  prescribed  by  law. 


12  REPORT  OF  THE  COMMISSION  ON 


Municipalities. 


The  increase  of  urban  population  since  the  last  constitu- 
tional convention  and  the  growth  of  two  great  metropolitan 
districts  of  which  Philadelphia  and  Pittsburgh  are  the  centers, 
present  many  constitutional  problems  which  did  not  exist  in 
1873.  The  article  on  Municipalities  in  the  constitution  as  pro- 
posed therefore  necessarily  contains  a  large  number  of  im- 
portant changes  of  substance,  while  many  of  its  sections  deal 
with  subjects  on  which  the  present  constitution  is  silent. 

Classification. 

It  is  suggested  that,  on  the  basis  of  population,  cities,  coun- 
ties and  school  districts  should  be  divisible  into  seven  classes 
and  that  other  municipalities  should  be  divisible  into  five 
classes. 

Home  Rule  for  Cities. 

A  "home  rule"  section  provides  that  laws  may  be  enacted 
giving  to  cities  of  a  particular  class  authority  to  frame,  adopt 
and  amend  charters  for  their  organization  and  government. 

Change  of  Boundaries. 

It  is  recommended  that  the  boundaries  of  cities  and  boroughs 
should  be  changed  only  with  the  consent  of  the  inhabitants  of 
the  territory  affected.  v 

Appointment  of  Officers. 

To  make  "ripper  legislation"  impossible,  a  section  is  sug- 
gested providing  that  appointive  municipal  oflBcers  must  be 
appointed  by  an  officer  or  agent  of  the  municipality. 

Philadelphia  'County  Officers. 

To  meet  problems  peculiar  to  Philadelphia,  it  is  proposed 
that,  in  a  county  co-extensive  with  a  city,  county  officers  may 
be  abolished  and  their  duties  may  be  imposed  upon  city  officers. 
In  order  to  eliminate  the  "mandamus  evil,"  it  is  further  sug- 
gested that  in  such  counties  the  salaries  and  expenses  of  county 
officers  and  the  expenses  of  local  judges  should  be  controlled 
by  the  municipal  authorities. 

Borrowing  Power. 

The  provisions  of  the  present  constitution  with  respect  to 
the  borrowing  power  of  municipalities  and  the  amortization  of 
municipal  loans  are  completely  revised.  We  believe  that  the 
suggested  provisions  will  enable  municipalities  to  borrow  suffi- 
cient money  for  all  necessary  public  improvements  without  a 
constant  resort  to  the  process  of  constitutional  amendment. 

Assessment  of  Benefits. 

To  facilitate  further  the  erection  of  public  improvements,  it 
is  suggested  that  it  should  be  possible  to  enact  laws  providing 
for  the  assessment  of  benefits  against  property  specially  and 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  13 


particularly  benefited  by  such  improvements  even  though  not 
actually  abutting  on  the  improvements. 

Excess  Condemnation. 

It  is  also  suggested  that  the  state  government  and  munici- 
palities should  be  permitted  to  acquire,  by  right  of  eminent 
domain,  more  land  than  it  is  proposed  to  retain  and  to  dispose 
of  the  surplus  subject  to  appro])riate  restrictions. 

Zoning  Regulations. 

Zoning  regulations  are  declared  to  be  within  the  scope  of 
municipal  powers. 

Contracts  between  Municipalities. 

To  meet  the  needs  of  municipalities  with  mutual  interests, 
it  is  recommended  that  two  or  more  municipalities  should  be 
permitted  to  contract  for  the  joint  conduct  of  public  enter- 
prises. 

Future  Amendments  and  Revision. 

In  the  article  on  amendments  and  revision,  a  new  section 
is  suggested  providing  for  a  method  of  erecting  constitutional 
conventions,  to  frame  new  constitutions  or  to  suggest  amend- 
ments or  revisions. 

CONSTITUTIONAL  CONVENTION  RECOMMENDED. 

If  a  considerable  number  of  changes  of  substance  are,  as  we  be- 
lieve, necessary'  to  make  the  constitution  of  the  commonwealth  con- 
form to  modern  thought  and  conditions,  it  is  evident  that  the  present 
constitution  should  be  revised — not  burdened  with  a  large  number 
of  additional  amendments. 

The  constitution  as  proposed  is,  in  effect,  a  revision  of  the  present 
constitution. 

There  are  two  methods  of  changing  the  constitution:  one,  by  con- 
stitutional convention;  the  other,  by  the  adoption  of  amendments 
in  the  manner  prescribed  by  Article  XVIII  of  the  present  constitu- 
tion. 

The  commouA\ealth  has  had  four  constitutions, — those  of  1776, 
1790,  1838  and  1874.  Each  of  these  constitutions  was  drafted  by  a 
constitutional  convention,  the  members  of  which  were  elected  by  the 
people. 

The  method  of  amendment  provide<l  in  Article  XVIII  of  the  pres- 
ent constitution  is  first  found  in  the  constitution  of  1838.  It  was 
inserted  not  as  a  substitute  for  the  constitutional  convention,  but  to 
provide  a  means  by  which  the  provisions  of  some  one  section  could 
be  amended  without  the  necessity  of  calling  a  convention  to  propose 
the  amendment.  This  being  the  manifest  purpose  of  Article  XVIII, 
tliere  is  grave  doubt  whether  the  machinery  of  amendment  provided 
for  in  that  article  can  be  used  to  adopt,  under  the  form  of  one  or 
more  amendments,  what  is  in  effect  a  general  revision  of  the  consti- 
tution. 


14  REPORT  OF  THE  COMMISSION  ON 


We  believe  in  representative  government  as  a  fundamental  Ameri- 
can institution.  It  is  one  of  the  essentials  of  representative  govern- 
ment that  the  whole  people,  through  representatives  duly  selected  in 
a  manner  authorized  by  the  people,  shall  have  the  right  to  frame 
their  fundamental  law.  A  constitutional  convention,  composed  of 
duly  selected  rejjresentatives,  is  the  only  practical  way  in  which  the 
citizens  of  the  great  Commonwealth  can  frame  a  constitution.  It 
is  also  one  of  the  essentials  that  the  revision  of  the  fundamental  law, 
so  made  by  a  representative  convention,  constituted  in  accordance 
with  the  wish  of  the  citizens,  should  be  submitted  to  the  people  for 
their  approval  or  disapproval. 

We,  therefore,  recommend  the  enactment  of  laws  necessary  to  pro- 
vide for 

(1)  The  submission  to  the  people  of  the  question  of  calling  a  con- 
stitutional convention,  and  the  method  of  selection  of  the  members 
of  the  proposed  convention. 

(2)  The  reference  to  the  convention  of  the  constitution  here  pro- 
posed. 

(3)  The  submission  to  the  people  of  the  proposals  of  the  conven- 
tion. 


WILLIAM   I.   SCHAFFER,   Chairman 

GEORGE  E.  ALTER 

HAMPTON  L.  CARSON 

JOHN  P.  CONNELLY 

THOMAS  DeWITT  CUYLER 

CHARLES  H.  ENGLISH 

JOHN  S.  FISHER 

EDWARD  J.  FOX 

JAMES  GAY  GORDON 

JOHN  P.  KELLY 

VANCE  c.  Mccormick 

MRS.  JOHN  O.  MILLER 

R.  L.  MUNCE 

GEORGE  WHARTON  PEPPER 

WILLIAM  PERRINE 

GIFFORD  PINCHOT 

JAMES  H.  REED 

EDGAR  F.  SMITH 

EDWARD  J.  STACKPOLE 

WILLIAM  KERPER  STEVENS 

MAYER  SULZBERGER 

FRANCIS  NEWTON  THORPE 

CHESTER  J.  TYSON 

JOHN  A.  VOLL 

MRS.  BARCLAY  H.  WARBURTON 


PART  II. 


PROPOSED  CONSTITUTION. 


(15) 


M 


(16) 


PART  II. 
PROPOSED  CONSTITUTION. 


TABLE  OF  CONTENTS. 


ARTICLE 


I— DECLARATION  OP  RIGHTS. 


Preamble. 

Section  1. 

Section  2. 

Section  3. 

Section  4. 

Section  5. 

Section  6. 

Section  7. 

Section  8. 

Section  9. 

Section  10. 

Section  11. 


Section  12. 
Section  13. 
Section  14. 
Section  15. 
Section  16. 
Section  17. 
Section  18. 
Section  19. 

Section  20. 
Section  21. 
Section  22. 

Section  23. 
Section  24. 
Section  25. 
Section  26. 


Natural  Rights  of  Mankind. 

Power  of  People. 

Rights  of  Conscience. 

No  Disqualification  for  Religious  P.flief. 

Freedom  of  Elections. 

Trial  by  Jury. 

Freedom  of  the  Press. — Libel. 

Searches  and  Seizures. 

Rights  of  Accused  in  Criminal  Prosecutions. 

Criminal  Information. — Twice  in  Jeopardy. — Emi- 
nent Domain. 

Courts  to  he  Open. — Suits  against  Common- 
wealth. 

Power  of  Suspending  Laws. 

Bail. — Fines. — Punishments. 

Prisoners  to  be  Bailable. — Habeas  Corpus. 

Oyer  and  Terminer. 

Insolvent  Debtoi-s. 

Ex  Post  Facto  Laws. — Impairment  of  Contracts. 

Attainder. 

Attainder  Limited. — Estates  of  Suicides. — Deo- 
dands. 

Right  of  Petition. 

Right  to  Bear  Arms. 

Standing  Army. — Military  Power  Subordinate  to 
Civil. 

Quartering  of  Troops. 

Titles.— Officers. 

Emigration. 

Reservation  of  Powers  in   People. 


ARTICLE        II— THE  LEGISLATURE. 


Section  1. 

Section  2. 

Section  3. 

Section  4. 

Section  5. 

Section  6. 

Section  7. 

Section  8. 

Section  9. 

Section  10. 

Section  11. 

Section  12. 

Section  13. 

Section  14. 

Section  15. 

Section  16. 


Legislative  Power. 

Legislative  Apportionment. 

Senatorial  Districts. 

Representative  Districts. 

Qualifications  of  Members. 

Election  and  Tenns  of  Mf  mbers. 

Compensation  of  Members. 

Privileges  of  Members. 

Times  of  Sessions. 

Quorums. 

Powers  of  Each  House. 

Choice  of  Officers. 

Officers  and  Employes. 

Journals. 

Sessions  to  be  Open. 

Adjournments. 


(17) 


18 


REPORT  OF  THE  COMMISSION  ON 


ARTICLE      III— LEGISLATION. 


Section     1. 

Section     2. 

Section     3. 

Section     4. 

Section     5. 

Section  -  6. 

Section     7. 

Section     8. 

Section     9. 

Section  10. 

Section  11. 

Section  12. 

Section  13. 

Section  14. 

Section  15. 

Section  16. 

Section  17. 

Section  18. 

Section  19. 

Section  20. 

Section  21. 

Section  22. 

Section  23. 

Section  24. 

Section  25. 

Section  -26. 

ARTICLE 

IV— THE  EXEC 

Section     1. 

Section     2. 

Section     3. 

Section     4. 

Section     5. 

Section     6. 

Section     7. 

Section     8. 

Section     9. 

Section  10. 

Section  11. 

Section  12. 

Section  13. 

Section  14. 

Section  15. 

Section  16. 

Section  17. 

Section  18. 

Section  19. 

Section  20. 

Section  21. 

Section  22. 

ARTICLE 

V— THE  JUDK 

Section    1. 

Section     2. 

'    Section     3. 

Section     4. 

Section     5. 

Section     6. 

Section     7. 

Section     8. 

Section     9. 

Section  10. 

Section  11. 

Section  12. 

Section  13. 

Section  14. 

Section  15. 

Section  16. 

Section  17. 

Section  18. 

Section  19. 

Method  of  Enacting  Laws. 
Bills  foi"  Raising  Revenue. 
Printing  and  Reference  of  Bills. 
Member  Interested  in  Bill  Not  to  Vote. 
Amendments  and  Conference  Committee. 
Notice  of  Local  or  Special  Bills. 
Final  Passage  of  Bills. 
Signing  of  Bills  by  Presiding  Officers. 
One  Subject  in  Each  Law. 
Titles  of  Laws. 

Form  of  Amending,  Reviving  or  Extending  Laws. 
Budget  and   Appropriation   Bills. 
Appropriations  to  Charitable  and  Educational  In- 
stitutions. 
Appropriations  to  Denominational  Institutions. 
Certain   Appropriations   Permitted. 
Gratuities   and   Extra   Compensation   Forbidden. 
Approval  and   Veto  by  Governor. 
Approval  and  Veto  of  Api)ropriation  Bills. 
When  Laws  Shall  Take  Effect. 
Local  and  Special  Laws  Forbidden. 
Damages  for  Injuries. 
Land  Titles. 
Militia. 
Streams. 

Legislation  at  Special  Sessions. 
Change  of  Capital. 


Executive  Power. 

Qualifications  of  Governor. 

Election  of  Governor. 

Contested  Election  of  Governor. 

Term  of  Governor. 

Supreme  Executive  Power. 

Military  Power. 

Appointing  Power. 

Pardoning  Power. 

Power  to  Require  Information. 

Duty  to   Inform   General  Assembly. 

Power  to  Adjourn  or  Convene  General  Assembly. 

Lieutenant-Governor. 

Succession  to  Governorship. 

Succession  to  Lieutenant-Governorship. 

Determination  of  Disability. 

Secretary  of  the  Commonwealth. 

Secretary  of  Internal  Affairs. 

Auditor  General  and  State  Treasurer. 

State  Contracts. 

Public  Printing  and   Supplies. 

Seal   and   Commissions. 


Judicial  Power. 

Supreme  Court.  y 

•Tui'isdietiou  of  Supreme  Court. 

Regulative  Power  and  Duty  of  Supreme  Court. 

Superior  Court. 

.Jurisdiction  of  Superior  Court. 

Judicial  Districts. 

Courts  of  Common  Pleas. 

Jurisdiction  of  Courts  of  Common  Pleas. 

Common   Pleas   Court  in   Philadelphia. 

Criminal  Courts. 

Orphans'   Courts. 

Justices  of  the  Peace  Not  in  Philadelphia. 

Justices  of  the  Peace  in  Philadelphia. 

Judgeships  to  be  Numbered. 

Determining  Priority. 

Residence  of  Judges. 

C(topensati(in    of   Judges   and   of   Justices   of   the 

Peace. 
Duties  of  Courts  to  be  Judicial  Only. 


CONSTITUTIONAL  AMEM>MENT  AND  REVISION. 
ARTICLE         V— THE  JUDICIARY— Continued. 


19 


Section  20.  Power  to  Change  Venue. 

Section  21.  Appeals  to  Supreme  Court  in  Homicide  Cases. 

Section  22.  Appeals  from  Courts  not  of  Recoi'd. 

Section  23.  Process   and  Indictments. 

Section  24.  Trial  witliout  Jury. 

Section  25.  Employment  of  Counsel  and   Graded  Costs. 


ARTICLE       VI— SUFFRAGE  AND  ELECTIONS. 


1. 


Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section  10. 

Section  11. 

Section  12. 


Qualifications  of  Electors. 

Residence  of  Electors. 

Voting  in   Military  or  Naval  Service. 

I^rivileges  of  Electors. 

Election    Offenses. 

Election  Districts. 

Election  Officers. 

Overseers  of  Elections. 

Time   of  Holding  Elections. 

Secrecy  in  Voting. 

Trial   of   Contested   Elections. 

Elections  by  Representative  Bodies. 


ARTICLE     VII— PUBLIC   SERVANTS. 


Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 


Times  of  Election. 

Incompatible  Offices. 

Disqualifications  from  Holding  Office. 

Official  Oath. 

Extension  of  Term  and  Change  of  Compensation. 

Impeachment. 

Removal  Otherwise  than  by  Impeachment. 

Appointments  and  Promotions. 

Bribery. 


ARTICLE   VIII- 


-TAXATION  AND  FINANCE 
1. 


Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section  10. 

Section  11. 


Method  of  Taxation. 

Exemption  from  Taxation. 

Power  to  Tax  Not  to  be  Surrendered. 

Limitation  on  State  Debt. 

Law  Shall  State  Purpose  of  Loan. 

xVmortization  of  State  Debt. 

State  Credit  Not  to  be  Pledged. 

Municipal  Debt  Not  to  be  Assumed  by  State. 

Reserve   Funds. 

Paying  Out  Public  Money. 

Misuse  of  Public  Moneys. 


ARTICLE      IX— CORPORATIONS. 


Section     1.  Corporate    Powers. 

Section     2.  Stocks  and  Bonds. 

Section     .3.  Investment  of  Trust  Funds. 

Section     4.  Bank  Notes  and  Bills. 

Section     5.  Cumulative  Voting. 

Section     6.  Foreign  Corporations. 

Section  7.  Commonwealth's  Rights  of  Eminent  Domain  and 
Police  Power. 

Section     8.  Corporate  Obligations  Owned  by  State. 

Section     9.  Statutes  of  Limitations. 

Section  10.  Revocation  and  Alteration  of  Corporate  Charters. 

Section  11.  Conditions  Imposed  on  Certain  Benefits  to  Cor- 
porations. 

Section  12.  Banks  and  Trust  Companies. 

Section  1-3.  Definition  of  Corporations. 


ARTICLE 


-PUBLIC  UTILITIES 
1. 


Section 

Section  2. 

Section  .3. 

Section  4. 

Section  5. 


Regulation  of  Public  Utilities. 

Eminent  Domain. 

Common  Carriers,  Telegraph  and  Telephone  Lines. 

Construction    of    Canals    to    Conform    to    Fixed 

Standards. 
No  Discrimination  in  Services  or  Charges. 


20  REPORT  OF  THE  (JUMMISSION  ON 

ARTICLE         X— PUBLIC  UTILITIES— Continnod. 

Preferences   and   Rebates   Prohibited. 

Consolidation   Permitted. 

Powers  of  Common  Carriers. 

Passes  Prohibited. 

Water  Riglits. 

Enforcement  of  This  Article. 


ARTICLE       XI- 


ARTICLE     XII- 


Section 
Section 
Section 
Section 
Section 
Section 

6. 
7. 
8. 
9. 
10. 

11.    : 

-EDUCATION. 

Section 
Section 
Section 
Section 
Section 
Section 

1.   : 

2      1 
3.'     1 

4.  ; 

5.  1 

6.  : 

-SOCIAL 

WEL 

Section 
Section 
Section 
Section 

1.  1 

2.  : 

o. 

4.     1 

Section     5. 


Educational   System   of  the   Commonwealth. 

State  Council  of  Education. 

Support  of  Educational  System. 

No  Appropriations  to  Sectarian  Institutions. 

State  School  Fund. 

Basic  Instruction  to  be  in  English. 


Charitable   Institutions   and   Agencies. 
Penal  and  Correctional  Institutions. 
Employment  and  Treatment  of  Prisoners. 
Supervision  of  Charitable,  Correctional  and  Penal 

Institutions. 
Health. 


ARTICLE  XIII— MUNICIPALITIES. 


Section     1.     Definition. 

Section     2.     Classification. 

Section     3.     Proportional  Representation. 

Section     4.     New  Counties. 

Section     5.     City  Charters. 

Section  6.  Cities  and  Boroughs,  Creation  and  Change  of 
Boundaries. 

Section     7.     Apnoiutivp    Municipal    Officers. 

Section     8.     Accountability  of  Municipal  OlBcers. 

Section     9.     County  Officers. 

Section  10.     Election  of  Certain  County  Officers. 

Section  11.     County  Commissioners  and  County  Auditors. 

Section  12.     Philadelphia  Prothonotary. 

Section  13.     Residence  of  County  Officers. 

Section  14.  Certain  County  Officers  to  Have  Offices  in  County 
Seat. 

Section  15.     Compensation  of  County  Officers. 

Section  16.  Salaries  and  Expenses  of  County  Officers  in  a 
County  Co-extensive  With   a   City. 

Section  17.     Municipal  Borrowing  Capacity. 

Section  18.     Duration   and   Payment  of  Debts. 

Section  19.     Debts  Other  Than  for  Money  Borrowed. 

Section  20.     Municipalities  Net  to   Pledge  Credit. 

Section  21.     Special   Commissions   Prohibited. 

Section  22.     Assessment  of  Benefits  for  Public  Improvements. 

Section  23.  Extent  of  Land  Permitted  to  be  Taken  for  Public 
Improvements. 

Section  24.     Zoning  of  Municipalities. 

Section  25.     Contracts  Between  Municipalities. 

Section  20.     Street  Passenger  Railways  in  Cities  or  Boroughs. 

Section  27.  One  Place  of  Paying  Taxes  in  Cities  and  Bor- 
oughs. 


ARTICLE    XIV— AMENDMENT  AND  REVISION. 


Section 
Section 


1.  Amendment. 

2.  Constitutional   Conventions. 


CONCLUDING  SECTION. 


Art.  I,  Preamble,  Sees.  1,  2, 

PROPOSED  CONSTITUTION. 


PREAMBLE. 

We,  the  people  of  the  Commonwealth  of  Pennsylvania,  grateful  to 
Almighty  God  for  the  blessings  of  civil  and  religious  liberty,  and 
humbly  invoking  his  guidance,  do  ordain  and  establish  this  Consti- 
tution. 


ARTICLE  I. 
DECLARATION  OF  RIGHTS. 

That  the  general,  great  and  essential  principals  of  liberty  and  free 
government  may  be  recognized  and  unalterably  established,  we  de- 
clare that — 

Natural  Rights  of  Mankind. 

Section  1.  All  men  are  born  equally  free  and  independent,  and 
have  certain  inherent  and  indefeasible  rights,  among  which  are  those 
of  enjoying  and  defending  life  and  liberty,  of  acquiring,  possessing 
and  protecting  property  and  reputation,  and  of  pursuing  their  own 
happiness. 

Corresponding  provisions  in — 

Constitution  of  1776.  Dec.  of  Rights,  cl.  I. 
Constitution  of  1790,  Art.  IX,  sec.  1,   (Verbatim). 
Constitution  of  1.8.38,  Art.  IX,  sec.  1,    (Verbatim). 
Constitntifm  of  1874,  xVrt.  I,  sec.  1,   (Verbatim). 

Power  of  People. 

Section  2.  All  power  is  inherent  in  the  people,  and  all  free  govern- 
ments are  founded  on  their  autliorit}'  and  instituted  for  their  peace, 
safety  and  happiness.  For  the  advancement  of  these  ends  they  have 
at  all  times  an  inalienable  and  indefeasible  right  to  alter,  reform  or 
abolish  their  government  in  such  manner  as  they  may  think  proper. 

Corresponding  provisions  in — 

Constitution  of  177»),  Dec.  of  Rights,  cl.   V. 
Constitution  of  1790,  Art.  IX,  sec.  2. 
Constitution  of  18.38,  Art.  IX,  sec.  2. 
Constitution  of  1874,  Art.  I,  sec.  2,   (Verbatim). 


(21) 


22  REPORT  OF  THE  COMMISSION  ON 

Art.  I,  Sees.  3,  4,  5,  6,  7 

Rights  of  Conscience. — Freedom  of  Religious  Worship. 

►Section  3.  All  men  have  a  natural  and  indefeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  consciences ; 
no  man  can  of  right  be  compelled  to  attend,  erect  or  support  any 
place  of  worship  or  to  maintain  any  ministry  against  his  consent; 
no  human  authority'  can,  in  any  case  whatever,  control  or  interfere 
with  the  rights  of  conscience  and  no  preference  shall  ever  be  given 
by  law  to  any  religious  establishments  or  modes  of  worship. 

Cofrpsponding  provisions  in — 

Constitution  of  1776.  Dec.  of  Rights,  cl.  II. 
Constitution  of  1790.  Art.  IX,  sec.  3,    (Verbatim). 
Constitution  of  18-38,  Art.  IX,  sec.  3.    (Verbatim). 
Constitution   of  1874,  Art.  I,   sec.  3,    (Verbatim). 

No  Disqualification  for  Religious  Belief. 

Section  4.  No  person  who  acknowledges  the  being  of  a  God  and 
a  future  state  of  rewards  and  punishments  shall,  on  account  of  his 
religious  sentiments,  be  disqualified  to  hold  any  office  or  place  of 
trust  or  profit  under  this  commonwealth. 

Corresponding  provisions  in — 

Constitution  of  1776.  Dec.  of  Rights,  cl.  II. 
Constitution   of  1790.   Art.   IX.   sec.  4.    (Verbatim). 
Constitution  of  1838.  Art.  IX,  see.  4.   (Verbatim). 
Constitution  of  1874,  Art.  I,   sec.  4,    (Verbatim). 


Freedom  of  Elections. 

Section  5.  Elections  shall  be  free  and  equal ;  and  no  power,  civil 
or  military,  shall  at  any  time  interfere  to  prevent  the  free  exercise 
of  the  right  of  suffrage. 

Corresponding  provisions  in — 

Constitution  of  1776,  Dec.  of  Rights,  cl.  VII. 
Constitution  of  1790.  Art.  IX,  sec.  .5. 
Constitution  of  18.38,  Art.  IX,  sec.  5. 
Constitution  of  1874.  Art.  I,  sec.  5,  (Verbatim). 


Trial  by  Jury. 

Section  6.     Trial  by  jury  shall  be  as  heretofore,  and  the  right  there- 
of remain  inviolate. 

Corre.sponding  provisions  in— 

Constitution  of  1776  De<'.  of  Rights?,  cl.  XI;   sec.  2f>. 
Constitution  of  1790,  Art.  TX.  sec.  6,    (Verbatim). 
Constitution  of  18.38,  Art.  IX.  sec.  6.   (Verbatim). 
Constitution  of  1874,  Art.  T.  sec.  6,   (Verbatim). 


Freedom  of  the  Press. — Libel. 

Section  7.  Tlie  printing  press  shall  be  free  to  every  person  who 
may  undertake  to  examine  the  proceedings  of  the  legislature  or  any 
branch  of  government,  and  no  law  shall  ever  be  made  to  restrain  the 
T-ight  thereof.  The  free  couimunication  of  thoughts  and  opinions  is 
one  of  the  invaluable  rights  of  man,  and  every  citizen  may  freely 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  iJ3 

Art.  I,  Sees.  8,  9,  10 

speak,  write  and  print  on  an^'^  subject,  being  responsible  for  the 
abuse  of  that  liberty.  No  conviction  shall  be  had  in  any  prosecution 
for  the  publication  of  i)apers  relating  to  the  official  conduct  of  officers 
or  men  in  public  capacity,  or  to  any  other  matter  proi)er  for  public 
investigation  or  information,  where  tlie  fact  that  such  publication 
was  not  maliciously  or  negligently  made  shall  be  established  to  the 
satisfaction  of  the  jury;  ancl  in  all  indictments  for  libels  the  jury 
shall  have  the  right  to  determine  the  law  and  the  facts,  under  the 
direction  of  the  court,  as  in  other  cases. 

Corrosponding  provisions  in — 

Constitution  of  ITTG,  Dec.  of  Rights,   cl.   XII,  sec.  35. 
Constitution  of  1700.  Art.  IX.  sec.  7. 
Constitution  of  18.38,  Art.  IX,  sec.  7. 
Constitution  of  1874,  Art.  T.  sec.  7,    (Vcrbiitim). 

Searches  and  Seizures. 

Section  8.  The  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions  from  unreasonable  searches  and  seizures,  and 
no  warrant  to  search  any  place  or  to  seize  any  person  or  things  shall 
issue  without  describing  them  as  nearly  as  may  be,  nor  without 
probable  cause,  supported  by  oath  or  affirmation  subscribed  to  by 
the  affiant. 

Corresponding  provisions  in — 

Constitution  of  1776.  Dec.  of  Rights,  cl.  X. 
Constitution  of  1700,  Art.  XI,  sec.  8. 
Constitution  of  dS.^S,  Art.  IX,  sec.  8. 
Constitution    of   1874.   Art.   I.   sec.   8,    (Verbatim). 


Rights  of  Accused  in  Criminal  Prosecutions. 

Section  9.  In  all  criminal  prosecutions  the  accused  hath  a  right 
to  be  heard  by  himself  and  his  counsel,  to  demand  the  nature  and 
cause  of  the  accusation  against  him,  to  meet  the  witnesses  face  to 
face,  to  have  compulsory  process  for  obtaining  witnesses  in  his  favor, 
and.  in  prosecutions  by  indictment  or  information,  a  speedy  public 
trial  by  an  impartial  jury  of  the  vicinage;  he  cannot  be  compelled 
to  give  evidence  against  himself,  nor  can  he  be  deprived  of  his  life, 
liberty  or  property,  unless  by  the  judgment  of  his  peers  or  the  law  of 
the  land. 

(^oi'rf^sponding  provisions  in — 

Constitution  of  1776.  Dec.  of  Rights,  cl.  IX. 
'"'onstitntioTi    of  1700.   Art.   TX.   sec.   9.    (Verbatim) . 
Constitution  of  18.38,  Art.  IX.    sec.  9.    fVerbntim). 
Constitution  of  1874.  Art.  T.  .sec.  9.   (Verbatim). 


Criminal  Information. — Twice  in  Jeopardy. — Eminent  Domain. 

Section  10.  No  person  shall,  for  any  indictable  offense,  be  pro- 
ceeded against  criminally  by  information,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia,  when  in  actual  service,  in 
time  of  war  or  public  danger,  or  by  leave  of  the  court  for  oppression 
or  misdemeanor  in  office.     No  person  shall,  for  the  same  offense,  be 


•J4  REPORT  OF  THE  COMMISSION  ON 

Art.  I,  Sees.  11,  12,  13,  14 

twice  put  iu  jeopardy  of  life  or  limb ;  nor  shall  private  property  be 
taken  or  applied  to  imblic  use,  without  authority  of  law  and  without 
just  compensation  being  first  made  or  secured. 

Corresponding  provisions  in — 

Constitution  of  177G,  Dec.  of  Rights,  cl.   VIII. 
Constitution  of  1790,  Art.  IX.  soc.  10. 
Constitution  of  1838,  Art.  IX.  see.  10. 
Constitution  of  1874,  Art.  I.  s«'c.  10,   ( Vcrbiitim). 

Courts  to  be  Open. — Suits  Against  Commonwealth. 

Section  11.  All  courts  shall  be  open ;  and  every  man  for  an  injury 
done  him  in  his  lands,  goods,  person  or  reputation  shall  have  remedy 
by  due  course  of  laAv,  and  right  and  justice  administered  without 
«ale,  denial  or  delay.  Suits  may  be  brought  against  the  common- 
wealth in  such  manner,  in  such  courts  and  in  such  cases  as  the 
legislature  may  by  law  direct. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  IX,   sec.   11,    (Verbatim). 
Constitution  of  1838.  Art.  IX,  sec.  11,    (Verbatim). 
Constitution   of  1874,  Art.  I,  sec.   11,    (Verbatim). 

Power  of  Suspending  Laws. 

Section  12.  Xo  power  of  suspending  laws  shall  be  exercised  un- 
less by  the  legislatm*e  or  by  its  authority. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  IX,  sec.  12. 
Constitution  of  1838,  Art.  IX,  sec.  12. 
Constitution  of  1874,   Art.   I,  sec.   12,    (V(>rbatim). 

Bail. — Fines. — Punishments. 

Section  13.  Excessive  bail  shall  not  be  required,  nor  excessive  tines 
imposed,  nor  cruel  punishments  inflicted. 

Corresponding  provisions  in — 

Constitution  of  1776.  sec.  29. 

Constitution  of  1790,  Art.  IX,  see.  13.    (Verbatim). 
Constitution  of  18.38,  Art.  IX.  see.  13,   (Verbatim). 
Constitution  of  1874,  Art.  I.  sec.  13,   (Verbatim). 

Prisoners  to  be  Bailable. — Habeas  Corpus. 

Section  14.  All  prisoners  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offenses  wlieu  the  proof  is  evident  or  presumption 
great :  and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  wlien  in  case  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

Corresponding  provisions  in — 

Constitution   of  177(;.   si  <•.  28. 

Constitution  of  3790.  Art.  IX.  sec.  14.    ( Vf-rbatini). 
Constitution  of  1838.  Art.  IX,  sec.  14,     (Verbatim). 
Constitution  of  1874,  Art.  I,  sec.  14.   (Verbatim). 


CONSTITUTIONAL  AMEM  )xMENT  AND   REVISION.  25 

Art.  I,  Sees.  15,  16,  17,  18,  19 

Oyer  and  Terminer. 

Section  15.  No  commission  of  oyer  and  terminer  or  jail  delivery 
shall  be  issued. 

Corri'Siioiuliug  pro\isioiis  in — 

Constitutiuii  (if  17!)0,  Art.  IX,  sec.  1.5,  (Verbatim). 
Coiistitutiuu  of  18oS,  Art.  IX.  sec.  15,  (Verbatim). 
Constitution  of  1874,  Art.  I,  sec.  15,   (Verbatim). 

Insolvent  Debtors. 

Section  1G<  The  person  oT  a  debtor,  where  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  continued  in  prison  after  delivering 
up  his  estate  for  the  benefit  of  his  creditors  in  such  manner  as  shall 
be  prescribed  by  law. 

Corresponding  provisions  iit^ — 

Constitution  of  1776,   sec.  28. 

Constitution  of  1790,  Art.  IX,  sec.  16,  (Verbatim). 
Constitution  of  1838,  Art.  IX,  sec.  16,  (Verbatim). 
Constitution  of  1874,  Art.  I,   sec.  16,    (Verbatim). 

Ex  Post  Facto  Laws. — Impairment  of  Contracts.- 

Section  17.  No  ex  post  facto  law,  nor  any  law  impairing  the  ob 
ligation  of  contracts,  or  making  irrevocable  any  grant  of  special 
privileges  or  immunities,  shall  be  passed. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  IX,  sec.  17. 

Constitution  of  1838,  Art.  IX,  sec.  17. 

Constitution  of  1874,  Art.  I,  sec.  17,   (Verbatim). 

Attainder. 

Section  18.  No  person  shall  be  attainted  of  treason  or  felony  by 
the  legislature. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  IX,  sec.  18,    (Verbatim). 
Constitution  of  1838,  Art.  IX,  sec.  18,   (Verbatim). 
Constitution  of  1874,  Art.  I,  sec.   18,    (Verbatim). 


Attainder  Limited. — Estates  of  Suicides. — Deodands. 

Section  19.  No  attainder  shall  work  corruption  of  blood,  nor  ex- 
cept during  the  life  of  the  offender,  forfeiture  of  estate  to  the  com- 
monwealth. The  estate  of  such  persons  as  shall  destroy  their  own 
lives  shall  descend  or  vest  as  in  cases  of  natural  death,  and  if  any 
person  shall  be  killed  by  casualty  there  shall  be  no  forfeiture  by 
reason  thereof. 

Corresponding  pntvisions  in — 

Constitution  of  1790,  Art.  IX,  sec.  19. 
Constitution  of  1838,  Art.  IX,  sec.  19. 
Constitution  of  1874,  Art.  I,  sec.  19,   (Verbatim). 


2(;  REPORT  OF  THE  COMMISSION  ON 

Art.  I,  Sees.  20,  21,  22,  23,  24 

Right  of  Petition. 

Section  20.  The  citizens  have  a  right  in  a  peaceable  manner  to 
assemble  together  for  their  common  good,  and  to  apply  to  those  in- 
vested with  the  powers  of  government  for  redress  of  grievances  or 
other  proper  purposes,  by  petition,  address  or  remonstrance. 

Corresponding  provisions  in — - 

Constitution  of  1776,  Dec.  of  Rights,  cl.  XVI. 
Constitution  of  1790.  Art.  IX,  .sec.  20,   (Verbatim). 
Constitution   of  1838,   Art.   IX,  see.  20.    (Verbatim). 
Constitution  of  1874.  Art.  I,  sec.  20,   (Verbatim). 


Right  to  Bear  Arms. 

Section  21.     The  right  of  the  citizens  to  bear  arms  in  defense  of 
themselves  and  the  state  shall  not  be  questioned. 

Corresponding  provisions  in — - 

Constitution  of  177(3,  Dec.  of  Rights,  cl.  XIII. 
Constitution  of  1790.  Art.  IX,  sec,  21,   (Verbatim). 
Constitution  of  1838,  Art.  IX.  sec.  21,   (Verbatim). 
Constitution  of  1874,  Art.  I.  sec.  21.  (Verbatim). 


Standing  Army. — Military  Power  Subordinate  to  Civil. 

Section  22.  No  standing  army  shall,  in  time  of  peace,  be  kept  up 
without  the  consent  of  the  legislature,  and  the  military  shall  in  all 
cases  and  at  all  times  be  in  strict  subordination  to  the  civil  power. 

Corresponding  provisions  in — 

Constitution  of  1770,  Dec.  of  Rights,  cl.  XIII. 
(Constitution  of  1790,  Art.  IX.  sec.  22,   (Verbatim). 
Constitution  of  18-38,  Art.  IX,  sec.  22,   (Verbatim). 
Constitution  of  1874,  Art.  I,  sec.  22,   (Verbatim). 


Quartering  of  Troops. 

Section  23.  No  soldier  shall  in  time  of  peace  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war  but  in  a 
manner  to  be  prescribed  by  law. 

Corresponding  provisions  iu^ — • 

Constitution  of  1790,  Art.  IX,  sec.  23,   (Verbatim). 
Constitution  of  1838,  Art.  IX,  sec.  23,  (Verbatim). 
Constitution  of  1874,  Art.  I,  sec.  23,  (Verbatim). 


Titles.— Officers. 

Section  24.  The  legislature  shall  not  grant  any  title  of  nobility 
or  hereditary  distinction,  nor  create  any  office  the  appointment  to 
which  shall  be  for  a  longer  term  than  during  good  behavior. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  IX,  sec.  24. 
Constitution  of  1838,  Art.  IX,  sec.  24. 
Constitution   of  1874,  Art.   I,   sec.   24,    (Verbatim). 


CONSTITUTIONAL  AME^■DMENT  AND  REVISION.  27 

Art.  I,  Sees.  25.  26;  Art.  II,  Sees.  1,  2,  3 

Emigration. 
Section  25.     Emigration  from  the  state  shall  not  be  prohibited. 

Corrcsyomling  piuvisiuns  iu — 

Constitution  of  177(),  Dec.  of  Rights,  cl.  XV: 

Constitution  of  1790,  Ait.  IX,  sec.  25,  (Verbatim).  \ 

Constitution  of  1838.  Art.  IX,  sec.  25,   (Verbatim). 

Constitution  of  1874,  Art.  1,  sec.  25,   (Veibatim). 

Reservation  of  Powers  in  People. 

Section  2(1.  To  guard  against  traugressions  of  the  high  powers 
which  we  have  delegated,  we  declare  that  everything  in  this  article 
is  excepted  out  of  the  general  powers  of  government  and  shall  for- 
ever remain  inviolate. 

Corresponiliiig  provisions  in — 

CoiistiiuLion  of  1790,  Art.  IX,  sec.  26,    (Verbatim). 
Constitution  of  1838,  Art.  IX,  sec.  2(3,   (Verbatim). 
Ciinstitution  of  1874,  Art.  I,  sec.  26,  (Verbatim). 


ARTICLE  II. 
THE  GENERAL  ASSEMBLY. 

Legislative  Power. 

Section  1.  The  legislative  power  of  the  comjnon wealth  shall  be 
vested  in  a  general  assemblj'  which  shall  consist  of  a  senate  and  a 
house  of  representatives. 

Corresponding  provisions  iu — 
Constitution  of  1776,  sec.  2. 
Constitution  of  1790,  Art.  I,  sec.  1. 
Constitution  of  1838,  Art.  I.  sec.  1. 
Constitution  of  1874,  Art.  II,  sec.  1. 

Legislative  Apportionment. 

Section  2.  At  the  first  session  of  the  general  assembly  after  this 
constitution  becomes  effective  and  at  the  first  session  of  the  general 
assembly  after  each  United  States  decennial  census,  the  state  shall 
be  divided  l>y  law  into  senatorial  and  representative  districts. 

Corresponding  pru\isions  in — 
('onstitution  of  1776,  sec.  17. 
Constitution  of  1790,  Art.  I,  sees.  4,  6,  7. 
Constitution  of  1838.  Art.  I,  sees.  4,  6,  7. 
Constitution  of  1874,  Art.  II,    sec.    18. 

Senatorial  Districts. 

Sectiou  3.  The  state  shall  be  divided  into  fifty  senatorial  districts 
of  compact  and  contiguous  territoiy  as  nearly  equal  in  population 
as  may  be,  and  each  district  shall  be  entitled  to  elect  one  senator. 


28  REPORT  OF  THE  COMMISSION  ON 

Art.  II,  Sees.  4,  5 

The  senatorial  ratio  shall  be  obtained  by  dividing  the  whole  popula- 
tion of  the  state,  as  ascertained  by  the  most  recent  United  States 
decennial  census,  by  the  number  fifty.  A  county  containing  one  or 
more  ratios  of  population  shall  be  entitled  to  one  senator  for  each 
ratio,  and  to  an  additional  senator  for  an  excess  of  population  ex- 
ceeding three-fifths  of  a  ratio.  No  county  shall  form  a  separate  dis- 
trict unless  it  shall  contain  four-fifths  of  a  ratio,  except  where  the 
adjoining  counties  are  each  entitled  to  one  or  more  senators,  when 
such  county  may  be  assigned  a  senator  on  less  than  four-fifths  and 
exceeding  one-half  of  a  ratio.  No  county  shall  be  divided  unless  en- 
titled to  two  or  more  senators.  No  city  or  county  shall  be  entitled 
to  separate  representation  exceeding  one-sixth  of  the  whole  number 
of  senators.  No  ward,  borough  or  township  shall  be  divided  in  the 
formation  of  a  district. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  1,  sees.  6,  7. 
Constitution  of  1838,  Art.  I,  sees.  6,  7. 
Constitution  of  1874,  Art.  II,  sec.  16. 


Representative  Districts. 

Section  4.  The  members  of  the  house  of  representatives  shall  be 
apportioned  among  the  several  counties,  on  a  ratio  obtained  by  divid- 
ing the  population  of  the  state  as  ascertained  by  the  most  recent 
United  States  decennial  census  by  the  number  two  hundred.  A 
county  containing  less  than  five  ratios  shall  have  one  representative 
for  each  full  ration,  and  an  additional  representative  when  the  excess 
exceeds  half  a  ratio ;  but  each  county  shall  have  at  least  one  represen- 
tative. A  county  containing  five  ratios  or  more  shall  have  one  rep- 
resentative for  each  full  ratio.  A  city  containing  a  population  equal 
to  a  ratio  shall  elect  separately  its  proportion  of  the  representatives 
allotted  to  the  county  in  which  it  is  located.  A  city  entitled  to  more 
than  four  representatives  and  a  county  having  over  one  hundred 
thousand  inhabitants  shall  be  divided  into  districts  of  compact  and 
contiguous  territory.  A  district  shall  elect  its  proportion  of  rep- 
resentatives according  to  its  population,  but  no  district  shall  elect 
more  than  four  representatives. 

Corresponding  provisions  in— 

Constitution  of  1776,  sec.  17. 
Constitution  of  1790,  Art.  I,  sec.  4. 
Constitution  of  1838,  Art.  I,  sec.  4. 
Constitution  of  1874,  Art.  II,  sec.  17. 


Qualification  of  Members. 

Section  5.  A  senator  shall  be  a  least  twenty-five  years  of  age  and 
a  representative  shall  be  at  least  twenty-one  years  of  age.  Each  shall 
have  been  a  citizen  of  the  commonwealth  and  a  resident  of  the  state 
for  four  years  and  a  resident  of  his  district  for  one  year  next  before 
his  election,  unless  absent  on  the  public  business  of  the  United  States, 


CONSTITUTIONAL  AMENr>MENT  AND   REVISION.  29 

Art.  II,  Sees.  6,  7,  8,  9 

of  the  state  government  or  of  a  municipality  of  the  commonwealth. 
He  shall  reside  in  his  district  during  his  term  of  service. 

Corresponding  provisions  in — 

Constitution  of  1776,  sees.  7,  8. 
Constitution  of  1790,  Art.  I,  sees.  3,  8. 
Constitution  of  1838,  Art.  I,  sees.  3,  8. 
Constitution  of  1874,  Art.  It,  sec.  5. 

Election  and  Terms  of  Members. 

Section  0.  Members  of  the  general  assembly  shall  be  chosen  at 
the  general  election.  Their  terms  of  service  shall  begin  on  the  first 
day  of  December  after  their  election.  Senators  shall  serve  for  four 
years  and  representatives  for  two  years.  When  a  vacancy  shall  occur 
in  either  house,  the  presiding  officer  thereof  shall  issue  a  writ  of 
election  to  fill  such  vacancy  for  the  remainder  of  the  term. 

Corresponding  provisions  in — 
Constitution  of  1776.  sec.  9. 
(Constitution  of  1790,  Art.  I,  sees.  2,  5,  19. 
Constitution  of  18.38,  Art.  I.  sees.  2,  5,  20. 
Constitution  of  1874,  Art.  II.  sees.  2,  3. 


Compensation  of  Members. 

Section  7.  The  members  of  the  general  assembly  shall  receive 
salary  and  mileage  for  regular  and  special  sessions  as  prescribed  by 
law  and  no  other  compensation,  whether  for  services  upon  committee 
or  otherwise.  No  member  of  the  general  assembly  shall,  during  the 
term  for  which  he  has  been  elected,  receive  an  increase  of  salary  or 
mileage  allowance  under  a  law  enacted  during  such  term. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  I,  sec.  17. 
Constitution  of  1838,Art  .  I,  sec.  18. 
Constitution  of  1874,  Art.  II,  sec.  8. 


Privileges  of  Members. 

Section  8.  A  member  of  the  general  assembly  shall  be  privileged 
from  arrest  during  attendance  at  the  sessions  thereof  and  in  going 
to  and  returning  from  the  same,  except  in  cases  of  treason,  felony, 
violation  of  his  oath  of  office  and  breach  or  surety  of  the  peace.  For 
a  speech  or. debate  in  the  general  assembly  he  shall  not  be  questioned 
in  any  other  place. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  I,  sec.  17. 
Constitution  of  1838,  Art.  I.  sec.  18. 
Constitution  of  1874,  Art.  II,  sec.  15. 


Times  of  Sessions. 

Section  9.     The  general  assembly  shall  meet  at  twelve  o'clock  noon, 
on  the  first  Tuesday  of  January  in  each  odd-numbered  year  and  at 


30  REPORT  OF  THE  COMMISSION  ON 

Art.  II,  Sees.  10,  11,  12,  13 

other  times  when  convened  by  the  governor.     It  shall  hold  no  ad- 
journed annual  session, 

CoiTOsponding  provisions  iu — 
Constitution  of  1776,  sec.  9. 
Constitution  of  1790,  Art.  I,  see.  10. 
Constitution  of  1838,  Art.  I,  see.  10. 
Constitution  of  1874,  Art.  TI,  sec.  4.  ' 

Quorums. 

Section  10.  In  each  house  a  majority  of  the  members  shall  con- 
stitute a  quorum.  A  smaller  number  may  adjourn  from  day  to  day 
and  compel  the  attendance  of  absent  members. 

Corresponding  provisions  in — 
Constitution  of  1776,  sec.  10. 
Constitution  of  1790,  Art.  I,  sec.  ]2. 
Constitution  of  1838,  Art.  I.  sec.  12. 
Constitution  of  1874,  Art.  II,  sec.  10. 

Powers  of  Each  House. 

Section  11.  Each  house  shall  have  power  to  make  its  rules  of  pro- 
cedure, to  judge  of  the  election  and  qualifications  of  its  members, 
to  punish  for  contempt  or  disorderly  behavior  in  its  presence,  to 
enforce  obedience  to  its  processes,  to  protect  its  members  against 
violence,  offers  of  bribes  or  private  solicitation,  and  by  a  vote  of  two- 
thirds  of  the  members,  to  expel  a  member,  but  not  a  second  time 
for  the  same  cause,  and  shall  have  all  other  powers  necessary  for  the 
legislature  of  a  free  commonwealth.  A  member  expelled  for  cor- 
ruption shall  not  thereafter  be  eligible  to  either  house.  Punishment 
for  contempt  or  disorderly  behavior  shall  not  bar  an  indictment  for 
the  same  offense. 

Corresponding:  provisions  in — 
Constitution  of  1776.  sec.  9. 
Constitution  of  1790,  Art.  I.  sees.  12.  13. 
Constitution  of  1838,  Art.  I.  sees.  12,  13. 
Constitution  of  1874,  Art.  II,  sees.  9,  11. 

Choice  of  Officers. 

Section  12.  The  senate  shall,  at  the  beginning  and  close  of  each 
regular  session  and  at  other  necessary  times,  elect  one  of  its  members 
as  president  pro  tempore.  The  house  of  representatives  shall  elect 
one  of  its  members  as  speaker.  Each  house  shall  choose  its  other 
officers. 

Corrospondinjr  provisions  in — 
Constitution   of  1776,  sec.  9. 
Constitution  of  1790.  Art.  T.  sec.  11. 
Constitution  of  18.38,  Art.  I.  sec.  11. 
Constitution  of  1874,  Art.  II,  sec.  9. 

Officers  and  Employes. 

Section  13.  The  officers  and  employes  of  each  house  shall  have 
active  duties  and  shall  be  selected  and  compensated  in  pursuance  of 
laws  prescribing  their  number,  duties  and  compensation. 

Corresponding:  provisions  in —  , 

Constitution  of  1874,  Art.  Ill,  sec.  10. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  ?.l 

Art.  II,  Sees.  14,  15,  16;  Art.  Ill,  Sees.  1,  2 

Journals. 

Section  14.  Each  house  shall  keep  a  journal  of  its  proceedings, 
and  shall  publish  so  much  thereof  as  shall  not  require  secrecy.  At 
the  request  of  two  members,  V\e  yeas  and  nays  on  a  question  shall  he 
entered  on  the  journal. 

Corresponding  provisions  in — 
Constitution  of  1776,  sec.  14. 
Constitution  of  1790,  Art.  I.  sec.  14. 
Constitution  of  1888,  Art.  T.  sec.  15. 
Constitution  of  1874,  Art.  IT.  see.  12. 

Sesions  to  be  Open. 

Section  15.  The  sessions  of  each  house  and  of  committees  of  (he 
whole  shall  be  open  unless  the  business  ought  to  be  kept  secret. 

Corresponding  provisions  in — 
Constitution  of  1776,  sec.  13. 
Constitution  of  1700.  Art.  I.  sec.  15. 
Constitution  of  1838,  Art.  I.  sec.  16. 
Constitution  of  1874,  Art.  II,  sec.  13. 

Adjournments. 

Section  16.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  or  to  a  place  other  than  that  in 
which  the  two  houses  shall  be  sitting. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  I,  sec.  16.  (Verbatim). 
Constitution  of  1838,  Art.  I,  sec.  17.  (Verbatim). 
Constitution  of  1874,  Art.  IT,  sec.  14, 


ARTICLE  III. 

"  LEGISLATION. 

Method  of  Enacting  Laws. 
Section  1.    Laws  shall  be  enacted  by  bill  only. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  Ill,  sec.  1. 


Bills  for  Raising  Revenue. 

Section  2.     Bills  for  raising  revenue  shall  originate  in  the  house 
of  rexn-esentatives.    The  senate  may  propose  amendments. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  I,  see.  20. 
Constitution  of  18.38.  Art.  I,  sec.  21. 
Constitution  of  1874,  Art.  HI,  sec.  14, 


32  REPORT  OF  THT:  COMMISSION  ON 

Art.  Ill,  Sees.  3,  4,  5,  6,  7 

Printing  and  Reference  of  Bills. 

Section  o.  Before  considei'tition,  a  bill  sjjall  be  leferrerl  to  a 
(•oramittee,  i-etiirned  therefrom,  and  piinted  for  the  nse  of  the  mem- 
bers. 

CoriTsponding  provisions  in — 

Constitution  of  1874,  Art.  Ill,  sec.  2. 

Member  Interested  in  Bill  Not  to  Vote. 

Section  4.  A  member  of  the  general  assembly  who  has  a  private 
interest  in  a  measure  or  bill  shall  disclose  the  fact  to  the  house  of 
which  he  is  a  member,  and  shall  not  vote  thereon. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  Ill,  see.  33. 

Amendments  and  Conference  Committees. 

Section  5.  An  amendment  to  a  bill  shall  be  printed  for  the  use 
of  the  members  before  the  final  vote  is  taken  on  the  bill.  An  amend- 
ment by  one  house  shall  be  concurred  in  by  the  other  and  a  report 
of  a  committee  of  conference  shall  be  adopted  by  either  house  only 
by  the  vote  of  a  majority  of  the  members  taken  by  yeas  and  nays. 
The  names  of  the  members  voting  for  and  of  those  voting  against 
such  amendment  or  report  shall  be  entered  on  the  journal.  A  bill 
shall  not  be  so  altered  or  amended  on  its  passage  through  either  house 
as  to  change  its  original  puriwse. 

Corresponding  provisions  in — 
Constitution  of  1776.  sec.  15. 
Constitution  of  1874,  Art.  III.  sees.  1,  4,  5. 

Notice  of  Local  or  Special  Bills. 

Section  6.  At  least  thirty  days  before  the  introduction  of  a  local 
or  special  bill,  notice  of  the  intention  to  introduce  the  same  shall  be 
published  in  the  locality  where  the  matter  or  thing  to  be  effected  shall 
be  situated.  No  such  bill  shall  be  finally  acted  on  by  either  house 
until  the  evidence  of  such  notice  having  be'en  published  has  been 
exhibited  therein.  Notice  shall  not  be  required  of  the  intention  to 
introduce  a  general  bill  for  the  repeal  of  a  local  or  special  law. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  Ill,  sec.  8. 

Final  Passage  of  Bills. 

Section  7.  Before  a  bill  shall  be  passed,  it  shall  be  read  at  length 
on  three  different  days  in  each  house;  on  its  final  passage  the  vote 
shall  be  taken  by  yeas  and  nays,  the  names  of  the  members  voting 
for  and  of  those  voting  against  shall  be  (jntered  on  the  journals,  and  a 
majority  of  the  members  elected  to  each  house  shall  be  recorded 
thereon  as  voting  in  its  favor. 

Corresponding  provisions  in — 
Constitution  of  1776,  sec.  15. 
Constitution  of  1874,  Art.  Ill,  sec,  4, 


CONSTITUTIONAL   AMENDMENT  AND   REVISION.  33 

Art.  Ill,  Sees.  8,  9,  10,  11,  12 

Signing  of  Bills  by  Presiding  Officers. 

Section  8.  The  presiding  oflScer  of  each  honse  shall,  in  the  pre- 
sence of  the  honse  over  which  he  jiresides,  sign  bills  and  joint  reso- 
lutions passed  by  te  general  assembly,  after  their  titles  have  been 
publicly  read  immediately  before  signing.  The  fact  of  signing  shall 
be  entered  on  the  journal. 

Corresponding  provisions  in —  ' 

Constitution  of  1874,  Article  III,  sec.  9. 

One  Subject  in  Each  Lav\7. 

Section  9.  A  law  shall  contain  only  one  subject.  A  general  appro- 
priation law,  a  codification,  and  a  compilation  or  general  revision 
of  statutory  law  shall  be  deemed  to  contain  only  one  subject. 

CorresDondiua:  provisions  in — 

Constitution  of  1838,  Art.  XI,  sec.  8,   (Amended  1864). 
Constitution  of  1874,  Art.  Ill,  sec.  3. 

Titles  of  Laws. 

Section  10.  The  subject  of  a  law  shall  be  clearly  expressed  in  its 
title.  A  law  may  in  the  body  thereof  set  forth  a  short  title  by 
which  it  may  be  cited.  A  law  amending,  reviving  or  extending  a 
law  shall  set  forth  in  its  title  the  title  or  the  short  title  of  the  law 
affected. 

Corresponding  provisions  in — 

Constitution  of  18.38,  Art.  XI,  sec.  8.   (Amended  1864). 
Constitution  of  1874,  Art.  Ill,  sec.  3. 

Form  of  Amending,  Reviving  or  Extending  Laws. 

Section  11.  A  law  amending,  reviving  or  extending  a  law  or  con- 
ferring the  provisions  thereof  shall  set  forth  in  full  the  part  of  the 
law  affected,  and  an  amending  law  shall  also  set  forth  in  full  the  part 
of  the  law  affected  as  amended. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.   Ill,   sec.  6. 

Budget  and  Appropriation  Bills. 

Section  12.  The  governor  shall  submit  to  the  general  assembly  a 
budget  on  or  before  March  1  of  each  year  in  which  it  shall  be  in 
regular  session.  The  budget  shall  contain  a  complete  plan  of  pro- 
posed appropriations  and  complete  estimates  of  the  revenues  and 
funds  available  for  appropriation  for  the  two  ensuing  fiscal  years, 
including  appropriations  for  charitable,  educational  and  benevolent 
purposes.  In  submitting  proposals  for  appropriations  to  charitable, 
educational  or  benevolent  institutions  not  under  the  absolute  control 
of  the  state  government,  the  governor  shall  at  the  same  time  submit 
a  plan  of  distribution  among  the  classes  of  institutions  to  be  benefited. 


34  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sec.  13 

Wlieu  the  governor  presents  the  bndget  to  the  house  of  represen- 
tatives, he  shall  snbniit  a  general  appropriation  bill  containing  the 
proposed  appro]>riations  for  the  fiscal  years  covered  bj^  the  budget 
and  may  also  submit  any  bill  embodying  recommendations  as  to 
sources  of  revenue. 

The  presiding  officer  of  the  house  of  representatives  shall  imme- 
diately cause  such  bills  to  be  introduced. 

The  general  assembh'  may  increase,  decrease,  strike  out  or  other- 
wise alter  any  item  in  the  general  appropriation  bill,  or  may  add 
new  items  tliereto. 

Until  the  general  appropriation  law  has  been  enacted  neither 
house  shall  consider  an  approi)riation  bill  other  than  the  general 
appropriation  bill  unless  the  appropriation  shall  be  solely  for  the 
immediate  needs  of  the  general  assembly  or  unless  the  governor  shall 
request  the  general  assembly  to  act  upon  the  bill  in  advance  of  the 
general  appropriation  bill. 

After  the  general  appropriation  law'  has  been  enacted,  no  appro- 
priation shall  be  made  for  any  purpose,  object  or  item  included 
therein  or  in  tlie  general  appropriation  bill  as  submitted  by  the  gov- 
ernor, unless  the  governor  shall  request  the  general  assembly  to  pass 
a  bill  making  such  appropriation. 

The  general  assembly  shall  not  finally  adjourn  for  ten  days  after 
the  general  appropriation  bill  has  been  presented  to  the  governor. 

Corresponding  provisions  in — 

Constitution  of  1S74,  Art.  Ill,  sec.  15. 


Appropriations  to  Charitable  and  Educational  Institutions. 

Section  13.  An  appropriation  for  charitable,  educational  or  bene- 
volent purposes  may  be  made  to  a  class  of  corporations,  associations 
or  institutions  not  under  the  absolute  control  of  the  state  govern- 
ment, engaged  in  work  or  service  for  the  public  good,  as  such  classes 
may  be  defined  by  law.  Such  work  or  service  shall  conform  to  stand- 
ards of  excellence  prescribed  by  law  or  by  any  agency  created  by 
law. 

An  appropriation  to  such  a  class  shall  be  divided  among  its  mem- 
bers in  accordance  with  a  plan  uniform  in  its  application  to  them  as 
prescribed  by  law.  No  law  shall  designate  such  a  corporation,  asso- 
ciation or  institution  as  the  beneficiary  of  an  appropriation. 

Each  item  containing  such  an  appropriation  shall  be  voted  on 
separately  in  each  house  before  final  action  is  taken  upon  the  bill  of 
which  it  is  a  part  and  shall  be  stricken  from  the  bill  unless  it  shall 
receive  the  support  of  two-thirds  of  the  members  elected.  The  votes 
of  each  house  shall  be  taken  by  yeas  and  nays  and  the  names  of  the 
members  voting  for  and  of  those  voting  against  the  item  shall  be 
entered  on  the  journal. 

Corporations,  associations  and  institutions  receiving  such  appro- 
priations shall  account  therefor  to  the  general  assembly  or  to  an 
agency  prescribed  by  law  and  shall  be  subject  to  inspection  by  the 
state  government. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  35 

Art.  Ill,  Sees.  14,  15,  16,  17 

After  the  establishment  of  one  or  more  state  universities,  no  appro- 
priation for  an  educational  purpose  shall  be  made  by  the  state  govern- 
ment to  a  corporation,  association  or  institution,  or  to  a  class  of 
corporations,  associations  or  institutions,  not  under  the  absolute  con- 
trol of  the  state  government  or  of  a  municipality. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  III.  sec.  17. 

Appropriations  to  Denominational  Institutions. 

Section  li.  No  appropriations  shall  be  made  for  charitable,  edu- 
cational or  benevolent  purposes  to  any  denominational  or  sectarian 
institution,  corporation  or  association. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  Ill,  sec.  18. 

Certain  Appropriations  Permitted. 

Section  15.  Appropriations  may  be  made  for  the  payment  of 
pensions  and  gratuities  for  military  services;  for  the  payment  of 
pensions  for  the  retirement  of  classes  of  officers  and  employes  of  the 
state  government  and  school  districts ;  for  the  relief  of  persons  or 
municipalities  injured  or  damaged  by  surface  subsidence  resnlting 
from  past  or  future  mining  of  anthracite  coal;  for  relief  consequent 
uj)on  grave  public  disasters  or  calamities;  for  the  payment  to  funds 
under  public  control  for  the  benefit  of  classes  of  persons  who  are  to 
be  the  recipients  of  public  assistance;  and  for  the  payment  of  the 
debts  of  municipalities  contracted  to  enable  the  commonwealth  to 
repel  invasion,  suppress  domestic  insurrection  or  defend  itself  in  time 
of  war. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  Ill,  sec.  18. 

Gratuities  and  Extra  Compensation   Forbidden. 

Section  IG.  Except  as  in  this  constitution  expressly  provided,  no 
appropriation  shall  be  made  by  the  state  government  for  charitable, 
benevolent  or  educational  purposes  to  any  person  or  community,  and 
no  law  shall  authorize  a  gratuity  by  the  state  government,  give  extra 
compensation  after  services  have  been  rendered  or  contract  made,  or 
appropriate  money  to  pay  a  claim  against  the  commonwealth  with- 
out previous  authority  of  law. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  Ill,  sees.  11,  18. 

Approval  and  Veto  by  Governor. 

Section  17.  Every  order,  resolution  or  vote  to  which  the  concur- 
rence of  both  houses  shall  be  necessary,  except  on  the  question  of 
adjournment  or  of  agreement  to  an  amendment  to  this  constitution 


36  REPORT  OP  THE  COMMISSION  ON 

Art.  Ill,  Sees.  18,  19,  20 

shall  if  passed  by  the  general  assembly  be  presented  to  the  governor. 
If  he  approves  it,  he  shall  sign  it  and  it  shall  then  become  a  law. 
If  he  shall  not  approve  it,  he  shall  return  it  with  his  objections  to 
the  house  in  which  it  originated,  which  house  shall  enter  the  ob- 
jections at  large  upon  its  journal.  If,  after  reconsideration  two- 
thirds  of  the  members  elected  to  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent  with  the  governor's  objections  to  the  other  house 
and  if  approved  by  two-thirds  of  the  members  elected  to  that  house 
shall  become  law.  The  votes  of  each  house  shall  be  taken  hj  yeas 
and  nays  and  the  names  of  the  members  voting  for  and  of  those 
voting  against  the  bill  shall  be  entered  on  the  journal. 

If  a  bill  shall  not  be  returned  by  the  governor  within  ten  days 
after  it  has  been  presented  to  him,  it  shall  become  law  unless  the 
general  assembly  by  its  adjournment  prevents  its  return.  In  case 
of  such  adjournment  the  bill  shall  become  law  unless  within  thirty 
days  after  adjournment  the  governor  shall  file  it  with  his  objections 
in  the  office  of  the  secretary  of  the  commonwealth  and  shall  give 
notice  thereof  by  public  proclamation. 

Corresponding   provisions   in — 

Constitution  of  1790,  Art.  I,    sees.   22,   23. 

Constitution  of  1838,  Art.  I,  sees.  23,  24. 

Constitution  of  1874,  Art.  Ill,  sec.  26;  Art.  IV,  sec.  15. 


Approval  and  Veto  of  Appropriation  Bills. 

Section  IS.  The  governor  may  indicate  his  approval  or  disap- 
proval of  an  appropriation  bill  by  signing  or  vetoing  it  as  in  the 
case  of  other  bills.  If  he  shall  approve  one  or  more  items  and  shall 
disapprove  or  reduce  one  or  more  other  items,  he  shall  return  the 
bill  to  the  house  in  which  it  originated  setting  forth  his  reasons. 
The  items  which  he  approves  shall  become  law.  The  items  which  he 
disapproves  or  reduces  may  be  passed  over  his  objections  by  separate 
action  on  each  item  in  the  manner  prescribed  for  the  passage  of  bills 
over  his  veto.  Such  items  not  passed  over  his  objections  shall,  in 
accordance  with  his  recommendation,  be  stricken  from  the  bill  or 
shall  become  law  as  reduced  by  him. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  IV,  sec.  16. 


When  Laws  Shall  Take  Effect. 

Section  19.     A  law  shall  become  effective  on  the  first  day  of  Jan- 
uary after  its  enactment  unless  otherwise  provided  therein. 


Local  and  Special  Laws  Forbidden. 
Section  20.    No  local  or  special  law  shall  be  enacted: 

(a)  Eegulating  the  aff'airs  of  a  municipality; 

(b)  Changing  the  names  of  persons  or  places; 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  37 

Art.  Ill,  Sec.  21 

(c)  For  the  creation  or  regulation  of  highways,  ferries  or  bridges, 
except  bridges  across  streams  which  iorin  state  boundaries; 

(d)  Kegulating  burial  grounds  or  public  grounds  not  belonging  to 
the  commonwealth ; 

(e)  Granting  divorces  or  authorizing  the  adoption  or  legitimation 
of  children ; 

(f)  Regulating  elections,  except  that  laws  regulating  the  regis- 
tration of  electors  may  be  applied  to  cities  or  boroughs  of  a  specified 
class  only; 

(g)  Regulating  the  organization,  jurisdiction  and  powers  of  ccfurts 
of  the  same  class  or  grade,  judicial  process,  or  the  administration 
of  justice ; 

(h)  Regulating  liens,  the  collection  of  debts  or  the  effect  of  judi- 
cial sales  of  real  estate; 

(i)  Regulating  schools; 

(j)  Fixing  the  rate  of  interest; 

(k)  Regulating  the  estates  of  decedents,  minors  or  persons  under 
disability ; 

(1)  Regulating  labor,  trade,  mining  or  manufacturing; 

(m)  Creating  corporations,  or  amending,  renewing  or  extending 
their  charters; 

(n)  Exempting  property  from  taxation; 

(o)  Granting  a  benefit,  privilege  or  power. 

No  local  or  special  law  shall  be  indirectly  enacted  by  the  partial 
repeal  of  a  general  law.  Laws  repealing  local  or  special  laws  may 
be  enacted. 

Corresponding  provisions  in — 

Constitution  of  1838.  Art.  I.  sec.  14;  Art.  XI,  sec.  9,   (Amended  18G4). 
Constitution  of  1874,  Art.  Ill,  sec.  7 ;  Art.  V,  sec.  26 ;  Art.  VIII,  sec.  7. 


Damages  for  Injuries. 

Section  21.  Laws  may  be  enacted  requiring  the  payment  by  em- 
ployers, or  by  employers  and  employes  jointly,  of  reasonable  com- 
pensation for  injuries  to  employes  arising  in  the  course  of  their  em- 
ploj'ment  and  for  occupational  diseases  of  employes,  whether  or  not 
such  injuries  or  diseases  result  in  death  and  regardless  of  fault  of 
employer  or  employe,  fixing  the  basis  of  ascertainment  of  such  com- 
pensation and  its  maximum  and  minimum  limits,  and  providing 
special  or  general  remedies  for  the  collection  thereof.  In  no  other 
case  shall  a  limit  be  set  by  law  upon  the  amount  to  be  recovered  for 
injuries  to  persons  or  property.  In  case  of  death  from  injuries,  the 
right  of  action  therefor  shall  survive  and  shall  be  exercised  by  per- 
sons designated  by  law. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  Ill,  sec.  21,  (Amended  1915). 


38  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sees.  22,  23,  24,  25,  26 

Land  Titles. 

Section  22.  Laws  may  be  enacted  providing  tliat  the  state  govern- 
ment or  the  counties  may  register,  transfer,  insure  or  guarantee 
titles  to  lands,  and  providing  for  the  determination  of  interests  in 
such  lands  and  for  the  creation  of  indemnity  funds.  For  such  j)ur- 
poses  courts  may  be  established  and  judicial  powers  may  be  con- 
ferred upon  oflflcers  of  the  state  government  or  of  the  counties  sub- 
ject to  the  right  of  appeal  by  the  parties  interested  to  the  courts. 

Corresponding  provisions  in — ■ 

,  Constitution  of  1874,  (Amendment  of  1915,  without  article  or  fieotion  nnmliei'). 

Militia. 

Section  23.  Laws  shall  be  enacted  to  provide  for  the  arming,  or- 
ganization, maintenance,  and  discipline  of  the  citizens  of  the  com- 
monwealth for  its  defense.  Persons  having  conscientious  scrui)les 
against  bearing  arms  may  be  exempted  by  law  from  military  service. 

Corresponding  provisions  in — 
Constitution  of  1776,  sec.  5. 
Constitution  of  1790,  Art.  VI,  sec.  2. 
Constitution  of  1838.  Art.  VI,  sec.  2. 
Constitution  of  1874,  Art.  XI,  sec.  1. 

Streams. 

Section  24.  General  laws  shall  be  enacted  to  provide  for  maintain- 
ing the  purity  of  streams. 

Legislation  at  Special  Sessions. 

Section  25.  At  a  special  session,  there  shall  be  no  legislation  upon 
subjects  other  than  those  designated  in  the  proclamation  of  the  gov- 
ernor calling  such  session. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  Ill,  sec.  25. 

Change  of  Capital. 

Section  2G.  No  law  changing  the  location  of  the  capital  shall  be 
valid  unless  ratified  by  a  majority  of  the  electors  of  the  common- 
wealth voting  on  the  question. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  Ill,  sec.  28. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  39 


Art.  IV,  Sees.  1,  2,  3,  4 

ARTICLE  IV. 

THE  EXECUTIVE. 

Executive  Power. 

Section  1.  The  executive  power  of  the  commonwealth  shall  be 
vested  in  a  governor,  a  lieutenant-governor,  a  secretary  of  the  com- 
monwealth, an  attorney  general,  an  auditor  general,  a  state  treas- 
urer, a  secretary-  of  internal  affairs,  a  commissioner  of  education, 
and  in  other  executive  officers  as  prescribed  by  law. 

CoiTospoiiding  provisions  iu — • 

Constitution  of  1874.   Art.  IV,   see.  1. 

Qualifications  of  Governor. 

Section  2.  The  governor  shall  be  a  citizen  of  the  United  States  at 
least  thirty  j-ears  of  age.  He  shall  have  been  a  resident  of  tlie  state 
for  seven  years  next  preceding  his  election  unless  absent  on  the 
public  business  of  the  United  States  or  of  the  state  government. 

Corresponding  provisions  in — 

Constitution    of    1790,     Art.  II,  sec.  4. 

Constitution    of    1838.    Art.  II,  sec.  4. 

Constitution    of    1874,     Art.  IV,  sec.  5. 

Election  of  Governor. 

Section  3.  The  governor  shall  be  chosen  by  the  electors  of  the 
commonwealth  at  the  places  where  they  shall  vote  for  representatives. 
The  returns  of  the  election  shall  be  sealed  up  and  transmitted  to  the 
seat  of  government,  directed  to  the  president  of  the  senate,  wlio  shall 
open  and  publish  them  in  the  presence  of  the  members  of  both  houses 
of  the  general  assembly.  The  person  having  the  highest  number  of 
votes  shall  be  governor.  If  two  or  more  shall  have  the  same  and 
the  highest  number  of  votes,  one  of  them  shall  be  chosen  governor 
by  the  joint  vote  of  the  members  of  both  houses. 

Corresponding  provisions  in — 

Constitution  of  177G,    sec.  3. 
Constitution  of  1790,    Art.  II,    sec.  2. 
Constitution  of  1838,   Art.  II,   sec.  2. 
Constitution  of  1874,   Art.  IV,    sec.  2. 


Contested  Election  of  Governor. 

Section  4.  A  contested  election  of  a  governor  shall  be  determine^] 
by  a  committee  selected  from  both  houses  of  the  general  assembly 
and  formed  and  regulated  as  prescribed  by  law. 

The  chief  justice  of  the  supreme  court  shall  preside  at  the  trial 
of  such  a  contested  election.    He  shall  determine  question  regarding 


40  REPORT  OF  THE  COMMISSION  ON 

Art.  IV,  Sees.  5,  6,  7,  8 

the  admissibility  of  evidence  and  shall,  upon  request  of  the  com- 
mittee, pronounce  his  opinion  upon  other  questions  of  law. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  II,  sec.  2. 
Constitution  of  1838,  Art.  II,  sec.  2. 
Constitution  of  1874,   Art.  IV,   sec.  2. 

Term  of  Governor. 

Section  5.  The  governor  shall  hold  office  for  four  years  from  the 
third  Tuesday  of  January  succeeding  his  election  or  until  his  suc- 
cessor shall  qualify.  A  person  elected  governor  shall  not  be  eligible 
for  the  succeeding  term. 

Corresponding  provisions  in — 

Constitution  of  1790,   Art.  II,   sec.  3. 

Constitution  of  1838,   Art.  II,   sec.  3. 

Constitution  of  1874,   Art.  IV,   sees.  3,   17. 

Supreme  Executive  Power. 

Section  G.  The  supreme  executive  power  shall  be  vested  in  the 
governor,  who  shall  take  care  that  the  laws  be  faithfully  executed. 

Corresponding  provisions  in — 

Constitution  of  1776,   sec.  3. 
Constitution  of  1790,   Art.  II,    sec.  1. 
Constitution  of  1838,   Art.  II,   sec.  1. 
Constitution  of  1874,   Art.  IV,   sec.  2. 

Military  Power 

Section  7.  The  governor  shall  be  the  commander-in-chief  of  the 
army  and  navy  of  the  commonwealth,  and  of  the  militia,  except  when 
they  shall  be  called  into  the  service  of  the  United  States. 

Corresponding  provisions  in — 

Constitution  of  1776,   sec.  20. 
Constitution  of  1790,   Art.  II,   sec.  7. 
Constitution  of  1838,   Art.  II,   sec.  7. 
Constitution  of  1874,   Art.  IV,   sec.  7. 

Appointing  Power. 

Section  8,  The  governor  shall  appoint  a  secretary  of  the  common- 
wealth, an  attorney  general,  a  secretary  of  internal  affairs  and  a  com- 
missioner of  education,  to  serve  during  his  pleasure,  and  other  of- 
ficers as  prescribed  by  law. 

When  the  seriate  is  in  regular  session,  the  governor  shall  exercise 
the  power  to  appoint  an  officer  only  after  nomination  to  the  senate 
and  by  and  with  the  advice  and  consent  of  a  majority  of  its  members, 
except  where  he  shall  api)oint  a  fill  a  vacancy  occurring  within  ten 
days  before  final  adjournment  of  the  session. 

The  governor  may  fill  by  appointment  a  vacancy  in  an  office  to 
which  he  may  appoint.  If  he  shall  appoint  to  an  appointive  office 
during  a  recess  of  the  senate  or  to  fill  a  vacancj^  occurring  within 
ten  days  before  final  adjournment  of  a  regular  session  thereof,  such 
appointment  shall  be  valid  until  the  end  of  the  next  regular  session 


CONSTITUTIONAL  AMKXDMI^XT  AND   REVISION.  41 

Art.  IV,  Sec.  9 

of  the  senate,  and  the  person  ao  appointed  shall  be  deemed  to  have 
been  rejected  by  the  senate  at  snch  session  nnless  nominated  by  the 
governor  and  confirmed  by  the  senate. 

The  governor  may  fill  by  appointment  a  vacancy  in  the  office  of 
auditor  general  or  of  state  treasurer  and  in  any  other  elective  office 
which  he  may  be  authorized  to  fill.  Such  vacancy  shall  be  filled  by 
election  on  the  next  election  day  appropriate  to  the  office  which  shall 
fall  not  l«ss  than  sixty  days  after  the  occurrence  of  the  vacancy. 
Such  appointee  shall  sen^e  until  the  person  so  elected  shall  take  office 
as  prescribed  by  law. 

If  a  power  of  appointment  to  an  appointive  or  elective  office  shall 
arise  during  a  session  of  the  senate  and  not  within  ten  days  before 
final  adjournment,  the  governor  shall,  at  such  session,  nominate  a 
proper  person  for  the  office.  If  a  power  of  appointment  to  an  ap- 
pointive office  shall  arise  within  ten  days  before  final  adjournment 
of  a  session  of  the  genate  or  during  a  recess  of  the  senate,  he  shall, 
at  the  next  session  of  the  senate  nominate  a  proper  person  for  the 
office.  In  either  case,  if  the  senate  shall  reject  a  nomination  and 
shall  notify  the  governor  that  it  will  not  adjourn  within  ten  days, 
he  shall  nominate  another  person  for  the  office.  If  he  shall  fail  to 
nominate  as  herein  required,  he  may  not  appoint  to  the  office  except 
after  nomination  to  the  senate  and  by  and  with  the  advice  and  con- 
sent of  a  majority  of  its  members. 

If  the  nomination  of  a  person  to  an  office  shall  be  rejected  by  the 
senate  he  shall  not  be  appointed  to  such  office  before  the  next  ses- 
sion of  the  senate. 

-^In  acting  on  executive  nominations,  the  senate  shall  sit  with  open 
doors.  The  vote  shall  be  taken  by  yeas  and  nays  and  shall  be  entered 
on  the  journal. 

Corresponding  provisions  in — 

Constitution  of  1776,   sec.  20. 

Constitution  of  1790,   Art.  II,   sec.  15. 

Constitution  of  1838,   Art.  II,   sec.  8. 

Constitution  of  1874,   Art.  IV,   sec.  7    (amended   1909)  ;   Art.  V,   sec.  25. 

Pardoning  Power. 

Section  9.  The  governor  may  remit  fines  and  forfeitures,  and  may 
grant  reprieves,  commutations  of  sentence  and  pardons,  except  in 
cases  of  impeachment.  He  shall  commute  a  sentence  or  grant  a 
pardon  only  on  the  recommendation  in  writing  of  the  lieutenant- 
governor,  the  secretary  of  the  commonwealth,  the  attorney  general 
and  the  secretary  of  internal  aff'airs,  or  of  any  three  of  them,  after 
full  hearing,  upon  due  public  notice  and  in  open  session.  Such 
recommendation,  with  the  reasons  therefor  at  length,  shall  be  re- 
corded and  filed  in  the  office  of  the  secretary  of  the  commonwealth. 

Corresponding  provisions  in — 

Constitution  of  1776,   see.  20. 
Constitution  of  1790,   Art.  II,   sec.  9. 
Constitution  of  1838,   Art.  II,   sec.  9. 
Constitution  of  1874,  Art.  IV,   sec.  9. 


4-2  REPORT  OP  THE  COMMISSION  ON 

Art.  IV,  Sees.  10,  11,  12,  13,  14 

Power  to  Require  Information. 

Section  10.  Tlie  governor  n\s.j  require  information  in  writing 
from  the  executive  officers  of  the  state  government  with  respect  to 
their  duties. 

Corresponding  provisions  in — 

Constitution  of  1790,   Art.  II,    st-c.  10. 

Constitution  of  1838,   Art.  II,    sec.  10. 

Constitution  of  1874,   Art.  IV,   sec.  10. 

Duty  to  Inform  General  Assembly. 

Section  11.  The  governor  shall,  from  time  to  time,  give  to  the 
general  assembly  information  of  the  state  of  the  commonwealth,  and 
shall  recomend  to  its  consideration  such  measures  as  he  may  judge 
expedient. 

Corresponding  provisions  in — 

Constitution  of  17;tO,    Art.  II,    see.  11. 

Constitution  of  18o8.    Art.  II,    sec.  11. 

Constitutiou  of  1874,   Art.  IV,   sec.  11. 

Power  to  Adjourn  or  Convene  General  Assembly. 

Section  12,  The  governor,  in  case  of  disagreement  between  the 
two  houses  of  the  general  assembly  with  respect  to  the  time  of  ad- 
journment, may  adjourn  them  to  such  time  as  he  may  think  proper 
not  exceeding  fourth  months.  He  may  on  extraordinary  occasions 
convene  hj  proclamation  the  geoieral  assemblj^  and  he  maj'  convene 
by  proclamation  the  senate  for  the  transaction  of  executive  business. 

Corresponding  provisions  in — 

Constitution  of  1776,    sec.  20. 
Constitution  of  1790,    Art.  II,    sec.  12. 
Constitution  of  18.38,   Art.  II,   sec.  12. 
Constitution  of  1874,   Art.  IV,    sec.  12. 

Lieutenant-Governor. 

Section  13.  The  lieutenant-governor  shall  have  the  same  qualifica- 
tious  and  shall  be  chosen  at  the  same  time,  in  the  same  manner,  and 
for  the  same  term  as  the  governor.  He  shall  not  be  eligible  to  the 
office  of  lieutenant-governor  for  the  succeeding  term.  A  contested 
election  of  lieutenant-governor  shall  be  conducted  in  the  same 
manner  as  a  contested  election  of  governor.  The  lieutenant-governor 
shall  be  president  of  the  SQnate,  but  shall  have  no  vote  unless  the 
senate  be  equally  divided. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  IV,   sees.  2,   17. 

Succession  to  Governorship. 

Section  14.  If  the  office  of  governor  shall  be  vacant  the  lieutenant- 
governor  shall  become  governor.  If  the  governor  shall  fail  to  qualify 
or  shall  be  under  a  disabilit}^  the  powers,  duties  and  emoluments  of 
his  office  until  the  end  of  the  governor's  term  or  until  he  shall  qualify 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  43 

Art.  IV,  Sees.  15,  15,  17,  18 

or  his  disability  shall  be  removed  shall  devolve  on  the  lieutenant- 
governor,  or,  if  his  oflQce  shall  be  vacant  or  he  shall  be  under  a  dis- 
ability, then  on  tlie  president  pro  tempore  of  the  senate,  or  if  his 
office  shall  be  vacant  or  he  shall  be  under  a  disability,  then  on  a  per- 
son elected  by  a  nnijority  of  the  members  of  the  general  assembly. 
For  the  purpose  of  such  election,  tlie  general  assembly  may  convene 
in  special  session  without  a  proclamation  of  the  governor  upon  a  call 
signed  by  five  members  of  each  house. 

Corrosponding  provisions  in — 

Constitution  of  1790,    Art.  II,    sec.  14. 

Constitution  of  1S.38,    Art.  II.    sec.  14. 

Constitution  of  1874,   Art.  IV,    sec.   13. 

Succession  to  Lieutenant-Governorship, 

Section  15.  If  the  office  of  lieutenant-governor  shall  be  vacant  or 
if  he  shall  fail  to  qualify  or  shall  be  absent  or  under  a  disability,  the 
powers,  duties  and  emoluments  of  his  office,  until  the  end  of  his  term 
or  until  he  shall  qualify  or  return  or  his  disability  shall  be  removed, 
shall  devolve  on  the  president  pro  tempore  of  the  senate.  In  such 
event  the  seat  in  the  senate  of  the  president  pro  tempore  of  the 
senate  shall  become  vacant. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  IV,    sec.  14. 

Determination  of  Disability. 

►Section  16.  The  fact  of  disability  of  the  governor  or  of  the  lieu- 
tenant-governor or  of  a  person  upon  whom  the  powers  and  duties  of 
eitlier  office  would  otherwise  devolve  shall  be  determined  only  by  the 
supreme  court  on  the  address  of  the  general  assembly,  agreed  to  by 
a  majority  of  the  members  of  each  house,  or,  if  the  general  assembly 
l>e  not  in  session,  on  the  written  address  of  such  majority. 

Secretary  of  the  Commonwealth. 

Section  17.  The  secretary  of  the  commonwealth  shall  keep  a 
record  of  the  official  acts  and  proceedings  of  the  governor,  and  per- 
form other  duties  as  prescribed  by  law.  He  may  be  required  by 
either  house  of  the  general  assembly  to  exhibit  his  record  with  the 
I»apers,  minutes  and  vouchers  relating  thereto. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  II.  sec.  15. 
Constitution  of  1838,  Art.  II,  sec.  15. 
Constitution  of  1874,   Art.  IV,   sec.  18. 

Secretary  of  Internal  Affairs. 

Section  18.  Until  otherwise  prescribed  by  law,  the  secretary  of 
internal  affairs  shall  exercise  the  powers  and  perform  the  duties  pre- 
scribed by  law  when  this  constitution  becomes  effective.  His  depart- 
ment shall  embrace  a  bureau  of  industrial  statistics. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  IV,   sec.  19. 


44  REPORT  OF  THE  COMMISSION  ON 

Art.  IV,  Sees.  19,  20,  21,  22 

Auditor  General  and  State  Treasurer. 

Section  10.  The  auditor  general  and  the  state  treasurer  shall  be 
chosen  by  the  electors  of  the  commonwealth.  Each  sliall  hold  his 
office  for" four  years  and  neither  shall  be  eligible  for  the  succeeding 
term. 

Correspondiug  provisions  in — 

Constitution  of  1776,   sec.  9. 
Constitution  of  1700,   Art.  VI,   sec.  5. 
.Constitution  of  18.38,   Art.  VI,   sec.  6. 
Constitution  of  1874.   Art.  IV,   sec.  21   (amended  1909). 

State  Contracts. 

'Section  20.  No  member  of  the  general  assembly  or  officer  or  em- 
ploye of  the  state  government  shall  be  interested  in  a  contract  with 
the  state  government,  or  in  furnishing  thereto  materials  or  supplies. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  Ill,    sec.  12. 

Public  Printing  and  Supplies. 

Section  21.  The  printing  and  binding  for  the  state  government 
shall  be  done  under  contract  or  by  the  state  government.  Furnish- 
ings and  fuel  for  the  capitol  buildings  and  paper  and  stationery  for 
the  state  government  shall  be  made  or  produced  by  the  state  govern- 
ment or  procured  under  contract.  Contracts  for  work  or  material 
designated  in  this  section  shall  be  awarded  to  the  lowest  responsible 
bidder,  subject  to  the  approval  of  the  auditor  general  and  of  the 
state  treasurer. 

Correspondins;  provisions  in — 

Constitution  of  1874,   Art.  Ill,    sec.  12. 

Seal  and  Commissions. 

Section  22.  The  present  great  seal  of  Pennsylvania  shall  be  the 
seal  of  the  commonwealth.  Commissions  shall  be  in  the  name  and 
by  the  authority  of  the  Commonwealth  of  Pennsylvania.  They  shall 
be  sealed  with  the  seal  of  the  commonwealth  and  signed  by  the  gov- 
ernor. 

Corresponding  provisions  in — 

Constitution  of  1776.    sec.  21. 
Constitution  of  1790,   Art.  VI,   sec.  4. 
Constitution  of  1838,   Art.  VI,   sec.  5. 
Constitution  of  1874,   Art.  IV,   sec.  22. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  45 


Art.  V,  Sees.  1,  2,  3,  4 

ARTICLE  V. 

THE  JUDICIARY. 

Judicial  Power. 

Section  1.  Tlie  judicial  power  of  the  commonwealth  shall  be  vested 
in  a  supreme  court,  a  superior  court,  courts  of  common  pleas,  courts 
of  oyer  and  terminer  and  general  jail  delivery,  courts  of  quarter 
sessions  of  the  peace,  orphans'  courts,  justices  of  the  peace,  and  in 
such  other  courts  as  may  from  time  to  time  be  established  by  law. 

Corrcspondiug  provisions  iu — 

Constitution  of  1776,  -sec.  26. 
Constitution  of  1790,   Art.  V,   sec.  1. 
Constitution  of  1838,   Art.  V,   sec.  1. 
Constitution  of  1874,   Art.  V,   sec.  1. 

Supreme  Court. 

Section  2.  The  supreme  court  shall  consist  of  seven  judges  learned 
in  the  law,  who  shall  have  the  title  of  justice,  chosen  by  the  electors 
of  the  commonwealth.  They  shall  hold  ofBce  for  twenty-one  years 
and  shall  not  again  be  eligible.  The  judge  longest  in  continuous 
service  shall  be  chief  justice. 

Corresponding  provisions  iu^ — ■ 

Constitution  of  1776.   sec.  23. 
Constitution  of  1790,    Art.  V,    sec.  2. 
Constitution  of  1838,   Art.  V,   sec.  2. 
Constitution  of  1874,    Art.  V,    sec.  2. 

Jurisdiction  of  Supreme  Court. 

Section  3.  The  jurisdiction  of  the  supreme  court  shall  extend 
over  the  state,  and  the  judges  thereof  shall,  by  virtue  of  their  offices, 
be  justices  of  oyer  and  terminer  and  general  jail  delivery  in  the 
several  counties.  It  shall  have  original  jurisdiction  in  cases  of  in- 
junction where  a  corporation  is  a  party  defendant,  of  habeas  corpus, 
of  mandamus  to  courts  of  inferior  jurisdiction,  and  of  quo  warranto 
as  to  officers  of  the  commonwealth  whose  jurisdiction  extends  over 
the  state,  but  shall  not  exercise  other  original  jurisdiction. 

The  supreme  court  shall  have  jurisdiction  to  review  in  all  cases 
the  action  of  other  courts  and  until  otherwise  prescribed  by  law 
the  manner  of  exercising  such  jurisdiction  shall  be  that  prescribed 
when  this  constitution  becomes  effective. 

Corresponding  provisions  in — 

Constitution  of  1790,   Art.  V,  sec.  3. 

Constitution  of  1838,   Art.  V,  sec.  4. 

Constitution  of  1874,   Art.  V,  sec.  .3. 

Regulative  Power  and  Duty  of  Supreme  Court. 

Section  4.  The  supreme  court  shall  regulate  procedure  in  courts 
of  record  and  shall  adapt  the  processes  of  justice  to  the  necessities 
of  all  litigants. 


46  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sees.  5,  6,  7,  8,  9 

In  the  discharge  of  these  duties  it  may  regulate  forms  of  action, 
pleading  and  practice,  the  keeping  of  judicial  records,  and  the  con- 
ditions under  which  fees  and  costs  may  be  remitted  and  counsel 
assigned  without  expense  to  litigants. 

Regulations,  Avhen  promulgated  by  the  chief  justice,  shall  have  the 
force  of  law  until  modified  by  law  and  shall  operate  to  repeal  laws 
theretofore  enacted  inconsistent  with  such  regulations. 

Subject  to  law  and  to  such  regulations,  courts  of  record  shall  have 
the  power  to  make  their  own  rules. 

Superior  Court. 

Section  5.  The  superior  court  shall  consist  of  seven  judges  learned 
in  the  law,  chosen  by  the  electors  of  the  commonwealth.  They  shall 
hold  oflSce  for  twenty-one  j^ears  and  shall  not  again  be  eligible.  The 
judge  longest  in  continuous  service  shall  be  president  judge. 

Jurisdiction  of  Superior  Court. 

Section  6.  Until  otherwise  prescribed  by  law,  the  superior  court 
shall  have  the  jurisdiction  vested  in  it  when  this  constitution  be- 
comes effective. 

Judicial  Districts. 

Section  7.  The  state  shall  be  divided  by  law  into  judicial  districts. 
A  county  having  fifty  thousand  inhabitants  may  constitute  a  separate 
district.  No  county  shall  be  divided  in  the  formation  of  a  district 
and  not  more  than  four  counties  shall  be  included  in  a  district. 

Corresponding  provisions  in — 

Constitution  of  1790,    Art.  V,  see.  4. 

Constitution  of  1838,   Art.  V,  see.  3. 

Constitution  of  1874,   Art.  V,  sees.  4,   5. 

Courts  of  Common  Pleas. 

Section  8.  In  each  county  there  shall  be  a  court  of  common  pleas 
consisting  of  one  or  more  judges  learned  in  the  law,  chosen  by  the 
electors  of  the  judicial  district  in  which  the  county  is  situated.  They 
shall  hold  office  for  ten  years.  The  judge  longest  in  continuous 
service  shall  be  the  president  judge.  The  office  of  associate  judge 
not  learned  in  the  law  is  abolished,  but  associate  judges  in  office 
when  this  constitution  becomes  effective  shall  hold  office  for  their 
unexpired  terms. 

Cori-espondins  provisions  in — 

Constitution  of  1776.    s(>e.  26. 

('onstitution  of  179(T,    Art.  V,    sees.  2,    4. 

Constitution  of  18.38,   Art.  V,   sec.  2    (amended    1850),    sec.   3. 

Constitution  of  1874,   Art.  V,   sees.  4,   5,    15. 

Jurisdiction  of  Courts  of  Common  Pleas. 

Section  9.  The  court  of  common  pleas  of  each  county  shall  have 
original  jurisdiction  in  civil  cases  except  where  such  jurisdiction 
shall  be  vested  by  law  in  other  courts.    It  shall  have  power  to  issue 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  47 

Art.  V,  Sees.  10,  11,  12 

writs  of  certiorari  to  justices  of  the  peace  and  to  inferior  courts  not 
of  record  and,  except  where  otherwise  prescribed  by  law,  shall  have 
jurisdiction  in  appeals  from  justices  of  the  peace.  It  shall  have  the 
chancery  jurisdiction  vested  in  the  courts  of  common  pleas  when  this 
constitution  becomes  eflective. 

In  addition  to  the  powers  conferred  in  this  section,  and  until 
otherwise  prescribed  by  law,  the  courts  of  common  pleas  shall  have 
the  jurisdiction  vested  in  them  when  this  constitution  becomes  effec- 
tive. 

A  judge  of  a  court  of  common  pleas  shall  be,  in  the  county,  a  justice 
of  the  peace  as  to  criminal  matters. 

Corresponding  provisions  in — 

Constitution  of  1776,    sec.  24. 
Constitution  of  1790,   Art.  V,   sees.  6,   8,   9. 
Constitution  of  18.38,   Art.  V.   sees.  3.   6.   8,    9. 
Constitution  of  1874,   Art.  V,   sees.  9,   10,  20. 

Common  Pleas  Court  in  Philadelphia. 

Section  10.  In  the  County  of  Philadelphia  the  jurisdiction  of  the 
iseveral  courts  of  common  pleas  shall  be  vested  in  one  court  of  common 
pleas.  Until  otherwise  prescribed  by  laWj  the  court  shall  be  com- 
posed of  fifteen  judges.  The  first  judges  shall  be  those  holding  office 
in  the  several  courts  of  common  pleas  when  this  constitution  becomes 
effective.  The  judge  longest  in  continuous  service  shall  be  president 
judge. 

Criminal  Courts. 

Section  11.  In  each  county  there  shall  be  a  court  of  oyer  and 
terminer  and  general  jail  delivery  and  a  court  of  quarter  sessions  of 
the  peace.  The  judges  of  the  court  of  common  pleas  of  the  county 
shall  be  the  judges  of  such  courts. 

Corresponding  provisions  in — 

Constitution  of  1790,   Art.  Y,  sec.  5. 

Constitution  of  1838,   Art.  V,  sec.  5. 

Constitution  of  1874,   Art.  V,  sec.  9. 

Orphans'  Courts. 

Section  12.     In  each  county  there  shall  be  an  orphans'  court. 

In  a  county  having  more  than  one  hundred  and  fifty  tliousand  in- 
habitants there  may  be  a  separate,  orplians'  court  with  the  jurisdiction 
of  orphans'  courts  when  this  constitution  becomes  effective  and  with 
other  jurisdiction  as  prescribed  b}'  law.  Such  courts  shall  consist 
of  one  or  more  judges  learned  in  the  law,  chosen  by  the  electors  of 
the  county.  They  shall  hold  office  for  ten  years.  The  judge  longest 
in  continuous  service  shall  be  president  judge. 

In  a  county  with  a  separate  orphans'  court,  the  register  of  wills 
of  the  count\'  shall  be  the  clerk  thereof.  He  shall  appoint  assistant 
clerks  only  with  the  approval  of  the  court.  Accounts  filed  with  him 
as  register  or  as  clerk  shall  be  audited  by  the  court  without  expense 
to  the  parties,  unless  the  court  shall  appoint,  in  its  discretion,  an 
auditor  nominated  by  all  parties  in  interest  represented  in  the  pro- 
ceeding. 


48  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sec.  13 

In  a  county  without  a  separate  orphans'  court,  the  judges  of  the 
court  of  common  pleas  shall  be  the  judges  of  the  orphans'  court,  but 
only  until  the  establishment  of  a  separate  orphans'  court. 

Corresponding  provisions  in — 

Constitution  of  1776,   sec.  20. 

Constitution  of  1790,   Art.  V,   sec.  7. 

Constitution  of  1838,   Art.  V,   sec.  2  (amended  1850),  sec.  7. 

Constitution  of  1874,    Art.  Y,   sees.   9,    15,    22. 

Justices  of  the  Peace  Not  in  Philadelphia. 

Section  13.  Each  county,  except  the  county  of  Philadelphia,  shall 
be  divided  by  its  court  of  common  pleas  into  justice  of  the  peace 
districts.  A  borough,  township  or  city  with  a  population  of  fifty 
thousand  or  less  shall  not  be  divided.  A  district  may  be  composed 
of  two  or  more  townships  or  boroughs  or  any  borough  or  township 
may  be  attached  to  a  district  comprising  all  or  a  portion  of  a  city. 
In  a  city  with  a  population  of  more  than  fifty  thousand,  the  number 
of  inhabitants  shall  be  divided  by  fifty  thousand  and  the  number  of 
districts  to  which  the  city  shall  be  entitled  shall  be  the  quotient. 
Population  shall  be  determined  by  the  latest  United  States  decennial 
census.  After  each  decennial  census  the  court  of  common  pleas  may 
create  new  districts  and  may  change  the  boundaries  of  districts. 
After  any  such  revision  of  the  districts,  no  new  district  shall  be 
created  and  no  change  of  boundary  shall  be  made  prior  to  the  next 
decennial  census. 

In  each  district  one  justice  of  the  peace  shall  be  chosen  by  the 
electors  at  a  municipal  election.  He  shall  have  been  a  resident  of 
his  district  for  two  years  next  preceding  the  election  unless  absent 
on  the  public  business  of  the  United  States,  of  the  state  government 
or  of  a  municipality  of  the  commonwealth.  He  shall  hold  ofiice  for 
six  years  from  the  first  Monday  after  his  election.  Upon  petition 
of  at  least  two  hundred  electors  of  the  district  setting  forth  a  reason- 
able cause  for  his  removal,  he  shall  be  removed  from  oflSce  by  the 
court  of  common  pleas  if  the  court,  after  hearing,  finds  such  cause 
to  exist.  In  such  event  a  justice  of  the  peace  may  appeal  to  the 
superior  court.  A  vacancy  in  the  oflEice  of  justice  of  the  peace  shall 
be  filled  by  the  governor. 

For  services  rendered  in  judicial  proceedings  a  justice  of  the  peace 
shall  receive  a  salary  prescribed  by  law  and  paid  by  the  county,  and 
no  other  compensation.  Fees,  fines  and  penalties  received  in  judi- 
cial proceedings  by  a  justice  of  the  peace  shall  be  paid  into  the 
county  treasuiy  for  the  use  of  the  county. 

Until  otherwise  prescribed  by  law,  justices  of  the  peace  in  any 
county  shall  have  the  jurisdiction  and  powers  of  the  justices  of  the 
peace  of  the  county  existing  when  this  constitution  becomes  effective. 

Justices  of  the  peace  in  office  when  this  constitution  becomes 
effective  shall  serve  their  unexpired  terms.  On  the  expiration  of 
such  terms,  the  office  of  justice  of  the  peace  as  theretofore  existing 
is  abolished.  Vacancies  occurring  prior  to  the  expiration  of  such 
terms  shall  not  be  filled. 

Corresponding  provisions  in — 

Constitution  of  1776,   sec.  30. 

Constitution  of  1790,   Art.  V,   sec.  10. 

Constitution  of  1838     Art.  VI,   sec.  7. 

Constitution  of  1874,   Art.  V,   sec.  11  (amended  1909),  sec.  13. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  49 

Art.  V,  Sees.  14,  15,  16 

Justices  of  the  Peace  in  Philadelphia. 

Section  14.  The  county  of  riiiladelphia  shall  be  divided  by  its 
court  of  common  pleas  into  eighteen  justice  of  the  peace  districts  as 
nearly  equal  in  population  as  possible.  After  each  United  States 
decennial  census,  the  court  of  common  pleas  may  create  new  districts 
and  may  alter  the  boundaries  of  districts.  After  any  such  revision 
of  the  districts,  no  new  district  shall  be  created  and  no  change  of 
boundary  shall  be  made  prior  to  the  next  decennial  census.  The 
number  of  districts  shall  not  exceed  one  for  each  one  hundred  thou- 
sand of  population. 

In  each  district  one  justice  of  the  peace  learned  in  the  law  shall 
be  chosen  by  the  electors  of  the  district  at  a  municipal  election.  His 
other  qualiUcations,  his  term,  and  the  method  of  his  removal  and 
of  filling  a  vacancy  in  his  office  shall  be  as  in  the  case  of  justices  of 
the  peace  in  other  counties.  For  services  rendered  in  judicial  pro- 
ceedings, he  shall  receive  a  salary  x^rescribed  by  law  and  paid  by  the 
county  and  no  other  compensation.  Fees,  fines  and  penalties  re- 
ceived in  judicial  proceedings  by  a  justice  of  the  peace  shall  be  paid 
into  the  county  treasury  for  the  use  of  the  county. 

A  justice  of  the  peace  shall  hold  a  court  not  of  record  of  police 
and  civil  causes.  His  jurisdiction  in  civil  matters  shall  be  limited 
to  matters  involving  three  hundred  dollars  or  less  and  except  as 
otherwise  provided  in  this  section  shall  be  similar  to  that  of  justices 
of  the  peace  in  other  counties.  No  political  duties  shall  be  imposed 
on  him. 

Rules  of  the  procedure  for  the  justices  of  the  peace  not  inconsistent 
with  law  or  with  the  regulations  of  the  supreme  court  shall  be  pre- 
scribed by  the  court  of  common  pleas  of  the  county  of  Philadelphia. 
Magistrates  in  office  when  this  constitution  becomes  effective  shall 
serve  their  unexpired  tenns.  On  the  expiration  of  such  terms,  the 
office  of  magistrate  as  theretofore  existing  is  abolished.  Vacancies 
occurring  prior  to  the  expiration  of  such  terms  shall  not  be  filled. 

The  provisions  of  this  section  may  be  changed  or  abolished  by  law. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  V,   sec.  12  (amended  1909),  see.  13. 

Judgeships  to  be  Numbered. 

Section  15.  In  every  court  composed  of  two  or  more  judges  re- 
quired to  be  learned  in  the  law,  each  judgeship  shall,  for  the  purpose 
of  election  or  appointment  thereto,  be  deemed  a  separate  office  and 
be  distinguished  b}-  number  from  the  other  judgeships  in  the  same 
court.  Judgeships  existing  when  this  constitution  becomes  effective 
shall  be  taken  to  be  numbered  in  the  respective  courts  in  the  order 
of  the  seniority  in  commission  of  the  judges  occupying  them. 

Determining  Priority. 

Section  16.  Before  two  or  more  judges  of  the  same  court  begin 
service  on  the  same  day,  they  shall  cast  lots  to  determine  who  shall 


50  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sees.  17,  18,  19,  20 

be  deemed  first  to  have  begun  service  and  shall  certify  the  result 
to  the  governor. 

Corresponding  provisions  in — 

Constitution  of  1838,    Art.  V,    see.  2    (anu-ndcd   1850). 
Constitution  of  1874,    Art.  V,    sec.  17. 

Residence  of  Judges. 

Section  17.  The  judges  of  the  supreme  court  and  of  the  superior 
court  shall  reside  in  the  state.  A  judge  of  another  court  or  a  justice 
of  the  peace  shall  reside  in  the  district  for  which  he  has  been  elected. 

Corresponding  provisions  in — 

Constitution  of  1790,   Art.  V,   sec.  4. 

Constitution  of  1838,   Art.  V,   sec.  2.     amencUnl  18.50). 

Constitution  of  1874,   Art.  V,   sec.  19.   ' 

Compensation  of  Judges  and  of  Justices  of  the  Peace. 

Section  18.  A  judge  or  a  justice  of  the  peace  required  to  be 
learned  in  the  law  shall  receive  for  his  services  an  adequate  salary 
prescribed  by  law,  and  no  other  compensation.  A  judge  required 
to  be  learned  in  the  law  shall  be  paid  by  the  state  government. 

Corresponding  provisions  in — 

Constitution  of  1776,   sec.  23. 

Constitution  of  1790,   Art.  V,   sec.  2. 

Constitution  of  1838,   Art.  V,    sec.  2   (amended  1850). 

Constitution  of  1874,   Art.  V,   sec.  18. 

Duties  of  Courts  to  be  Judicial  Only. 

Section  19.  No  duties  shall  be  imposed  on  a  court  or  judge  except 
such  as  relate  to  the  administration  of  justice,  to  the  conduct  of  the 
business  of  the  court,  or  to  the  conduct  of  elections.  After  the  ad- 
journment of  the  first  session  of  the  general  assembly  following  the 
time  when  this  constitution  becomes  effective,  no  powers  of  appoint- 
ment shall  be  exercised  by  a  court  or  judge  except  such  as  relate  to 
their  duties  or  to  the  management  of  public  law  libraries,  the  inspec- 
tion and  management  of  prisons,  the  visitation  of  public  institutions, 
the  condemnation  of  private  property,  and  the  administration  of  pub- 
lic trusts,  of  public  parks  or  of  public  works.  Other  powers  of  ap- 
pointment vested  in  a  court  or  judge  shall  be  abolished  or  vested 
elsewhere  by  law. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  V,   sec.  21. 


Powder  to  Change  Venue. 

Section  20.     The  power  to  change  the  venue  shall  be  vested  in  tlio 
courts  and  exercised  as  prescribed  by  law. 

Corresponding  provisions  in — 

Constitution  of  1874,    Art.  Ill,    sec.  23. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  51 

Art.  V,  Sees.  21,  22,  23,  24,  25 

Appeals  to  Supreme  Court  in  Homicide  Cases. 

Section  21.  A  person  sentenced  for  felonious  homicide  may  remove 
the  indictment,  record  and  all  proceedings  to  the  supreme  court  for 
review. 

Corresponding  pi'ovisions  in — 

Constitution  of  1790,   Art.  V,  see.  5. 

Coiistitntion  of  18.38,    Art.  V,  sec.  5. 

Constitntioii  of  1874,    Art.  V,  .sec.  24. 

Appeals  From  Courts  Not  of  Record. 

Section  22.  A  person  summarily  convicted,  or  a  party  to  a  suit 
for  a  penalty  before  a  justice  of  the  peace  or  in  a  court  not  of  record, 
may  appeal  to  a  court  of  record  in  the  manner  prescribed  by  law. 

Corresponding  provisions  in — ■ 

Constitution  of  1874     Art.  V,   sec.  14. 

Process  and  Indictments. 

Section  23.  The  stjde  of  process  shall  be  ''The  Commonwealth  of 
Pennsylvania."  Prosecutions  shall  be  carried  on  in  the  name  and  by 
the  authority  of  the  commonwealth  of  Pennsylvania.  Indictments 
shall  conclude  "against  the  peace  and  dignity  of  the  commonwealth 
of  Pennsylvania." 

Corresponding  provisions  in — 

Constitution  of  1776,    sec.  27. 
Constitution  of  1700,   Art.  V,   sec.  12. 
Constitution  of  1838,   Art.  V,   sec.  11. 
Constitution  of  1874,   Art.  V,   sec.  23.      * 

Trial  Without  Jury. 

Section  24.  If  the  parties  to  a  civil  case  shall  agree  to  dispense 
with  a  trial  by  jury,  the  court  shall  hear  the  case  and  shall  deliver  a 
judgment  having  the  same  effect  as  if  there  had  been  such  trial  by 
Jury. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  V,   sec.  27. 

Employment  of  Counsel  and  Graded  Costs. 

Section  25,  Laws  shall  be  enacted,  applicable  to  courts  of  record 
and  to  such  other  courts  as  may  be  deemed  proper,  providing  that  the 
counties  shall  compensate  counsel  assigned  to  serve  without  expense 
to  litigants.  The  costs  of  litigation  may  be  classified  or  graded  by 
law  according  to  the  amounts  in  controversy. 


52  REPORT  OF  THE  COMMISSION  ON 


Art.  VI,  Sees.  1,  2,  3,  4 

ARTICLE  VI 

SUFFRAGE  AND  ELECTIONS. 

Qualifications  of  Electors. 

Section  1.  A  citizen  of  the  commonwealth  shall  be  entitled  to  vote 
at  elections  who  has: 

1.  Reached  the  age  of  twenty-one; 

2.  Been  a  citizen  of  the  United  States  at  least  thirty  days; 

3.  Resided  in  the  state  immediately  preceding  the  election  for  one 

year,  or,  if  he  is  a  native  of  the  commonwealth  or  has  been 
an  elector,  then  for  six  months  immediately  preceding  the 
election ; 

4.  Resided  for  sixty  days  next  preceding  the  election  in  the  elec- 

tion district  where  he  shall  offer  to  vote; 

5.  Complied  with  the  law  regulating  the  registration  of  electors. 
ITie  right  to  vote  and  to  hold  office  shall  not  be  denied  on  account 

of  race,  color  or  sex. 

Correspondiug  provisions  in — 

Constitution  of  1776.   sec.  6. 

Constitution  of  1790,   Art.  Ill,   sec.  1. 

Constitution  of  1838,    Art.  Ill,    sec.  1. 

Constitution  of  1874,   Art.  VIII,  sec.  1  (amended  1901). 

Residence  of  Electors. 

Section  2.  For  the  purpose  of  voting  no  person  shall  be  deemed 
to  have  gained  a  residence 'by  reason  of  his  presence  or  to  have  lost 
it  by  reason  of  his  absence  while  in  the  service  of  the  United  States, 
of  the  state  government  or  of  a  municipality  of  the  commonwealth, 
or  while  navigating  the  waters  of  the  United  States  or  the  high  seas, 
or  while  a  student  of  an  institution  of  learning,  or  while  kept  in  an 
institution  at  public  expense,  or  while  confined  in  prison. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  VIII,     sec.  13. 

Voting  in  Military  or  Naval  Service. 

Section  3.  When  an  elector  shall  be  absent  in  the  military  or  naval 
service  of  the  commonwealth  or  of  the  United  States  under  a  requisi- 
tion by  the  President,  he  may  vote  as  if  he  were  present  in  his  place 
of  residence,  subject  to  regulations  prescribed  by  law. 

Corresponding  provisions  in — ■ 

Constitution  of  18.38,   Art.  Ill,   sec.  4   (amended  1864). 
Constitution  of  1874,   Art.  VIII,   sec.  6. 

Privilege  of  Electors. 

Section  4.  Electors  shall,  except  in  cases  of  treason,  felony  and 
breach  or  surety  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  on  elections,  and  in  going  to  and  returning  from  them. 

Corresponding  provisions  in — 

Constitution  of  1790,  Art.  Ill,  sec.  3. 
Constitution  of  1838,  Art.  Ill,  sec.  3. 
Constitution  of  1874,   Art.  VIII,   sec.  5. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  53 

Art.  VI,  Sees.  5,  6,  7 

Election  Offenses. 

Section  5.  A  person  who  shall  give,  or  promise  or  offer  to  give  a 
valuable  consideration  or  reward  for  a  vote  at  an  election  or  for  the 
withholding  thereof,  or  who  shall  receive  or  ag'ee  to  receive,  for  him- 
self or  for  another,  a  valuable  consideration  or  reward  for  a  vote  at 
an  election  or  for  the  withholding  thereof,  shall  forfeit  the  right  to 
vote  at  such  election.  An  elector  whose  right  to  vote  shall  be  chal- 
lenged for  such  cause  before  the  election  officers  shall  be  required  to 
swear  or  affirm  that  the  subject  matter  of  the  challenge  is  untrue 
before  his  vote  shall  be  received. 

A  person  convicted  of  wilful  violation  of  an  election  law  shall,  in 
addition  to  the  penalties  prescribed  by  law,  lose  for  four  years  the 
right  to  vote. 

In  a  trial  of  a  contested  election  and  in  an  investigation  of  elec- 
tions, no  testimony  shall  be  withheld  on  the  ground  that  it  may 
criminate  the  witness  or  subject  him  to  infamy.  Such  testimony  shall 
not  afterwards  be  used  against  him  in  a  judicial  proceeding  except 
in  a  prosecution  for  perjury  in  giving  such  testimony. 

Corresponding  provisions  in — 

Constitution  of  1776,    sec.  32. 

Constitution  of  1874,    Art.  VIII,  sees.  8,  9,   10. 

Election  Districts. 

Section  6.  Townships  and  wards  of  cities  or  boroughs  shall  form 
or  shall  be  divided  into  election  districts  of  compact  and  contiguous 
territory  as  the  court  of  quarter  sessions  may  direct. 

An  election  district  in  a  city  of  over  one  hundred  thousand  inhabi- 
tants shall  be  divided  by  the  court  of  quarter  sessions  when  at  the 
next  preceding  election  more  than  tv.^o  hundred  and  fifty  votes  have 
been  polled  therein.  Any  other  election  district  shall  be  divided 
when  the  court  of  quarter  sessions  shall  be  of  opinion  that  the  con- 
venience of  the  electors  and  the  public  interests  will  be  promoted 
thereby. 

Corresponding  provisions  in — 

Constitution  of  1874,    Art.  VIII,   sec.  11. 

Election  Officers. 

Section  7.  In  each  election  district  there  shall  be  an  election  board 
consisting  of  a  judge  and  two  inspectors  chosen  by  the  electors  of 
the  district.  They  shall  hold  office  for  two  years.  Each  elector  may 
vote  for  one  candidate  for  judge  and  fo^*  one  candidate  for  inspector. 
Vacancies  in  election  boards  shall  be  filled  and  election  boards  in 
new  districts  shall  be  created  as  prescribed  by  law.  Each  inspector 
shall  appoint  one  clerk  at  each  election.  An  election  officer  or  clerk 
shall  be  privileged  from  arrest  upon  days  of  election  and  while  en- 
gaged in  making  up  and  transmitting  returns,  except  upon  warrant 
of  a  court  of  record  or  of  a  judge  thereof  for  election  fraud,  for  felony, 
or  for  wanton  breach  of  the  peace.  In  a  city  he  shall  be  exempt  from 
jury  duty. 


54  REPORT  OF  THE  COMMISSION  ON 

Art.  VI,  Sees.  8,  9,  10,  11,  12 

Overseers  of  Elections. 

Section  S.  The  courts  of  common  pleas  shall  appoint  two  persons, 
of  different  political  parties,  qiialitied  to  serve  on  an  election  board, 
to  be  overseers  of  election  in  a  district  on  petition  of  live  electors  of 
the  county,  setting  forth  that  such  appointment  is  a  reasonable  pre- 
caution to  secure  the  purity  and  fairness  of  the  election.  All  the 
judges  of  the  court  able  to  act  at  the  time  shall  concur  in  the  appoint- 
ment. 

The  overseers  of  election,  if  thej-  shall  agree,  shall  decide  any  ques- 
tion with  respect  to  the  conduct  of  the  election  on  which  the  members 
of  the  election  board  shall  differ. 

Corresponding  provisions  in — ■ 

Constitution   of   1874,    Art.    VIII,    sec.   1C>. 

Time  of  Holding  Elections. 

Section  9.  The  general  election  shall  be  held  in  each  even-num- 
bered year  and  the  municipal  election  shall  be  held  in  each  odd-num- 
bered year.  Each  shall  be  held  on  the  Tuesday  next  following  the 
first  Monday  in  November  unless,  with  the  consent  of  two-thirds  of 
the  members  of  each  house  of  the  general  assembly,  a  different  day 
shall  be  prescribed  by  law. 

Corrpspondiug  provisions  in — 

Constitution  of  1874,   Art.  VIII,    sec.  2   (amended  1909),    sec.  3    (amended 
1909,  1913). 

Secrecy  in  Voting. 

Section  10.  Elections  by  the  citizens  shall  be  by  ballot  or  by  other 
methods  as  prescribed  by  law.     Secrecy  in  voting  shall  be  preserved. 

Correspoiidin!;  provisions  in — 

Constitution  of  1776,   sec.  32.  / 

Constitution  of  1790,    Art.  Ill,    sec.  2. 

Constitution  of  18.38,    Art.  III.    sec.  2. 

Constitution  of  1874,   Art.  VIII,   sec.  4   (amended  1901). 

Trial  of  Contested  Elections. 

Section  11.  The  courts  shall  determine  in  the  first  instance  con- 
tested elections  of  members  of  the  general  assembly,  of  governor,  and 
of  lieutenant  governor.  They  shall  finally  determine  all  other  con- 
tested elections.  Laws  shall  be  enacted  designating  the  courts  and 
judges  by  whom  the  several  classes  of  election  contests  shall  be  tried, 
and  regulating  the  manner  of  trial  and  matters  incident  thereto.  No 
law  assigning  jurisdiction,  or  regulating  its  exercise,  shall  apply  to 
a  contest  arising  out  of  an  election  held  before  its  enactment. 

Corresponding  provisions  in — 

Constitution  of  1790,    Art.  Ill,    sec.  2. 

Constitution  of  18.38.   Art.  Til.    sec.  2. 

Constitution  of  1874,    Art.  VITT,    sec.  17. 

Elections  by  Representative  Bodies. 
Section  12.    Elections  by  representative  bodies  shall  be  viva  voce. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  55 

A.rt.  VII,  Sees.  1,  2 

ARTICLE  VII. 

PUBLIC  SERVANTS. 

Times  of  Elections. 

Section  1.  Judges  elected  by  the  electors  of  the  commonwealth  at 
liii'ge  may  be  elected  at  general  or  municipal  elections  as  prescribed 
by  law. 

Other  officers  elected  by  the  electors  of  the  commonwealth  at  large 
shall  be  elected  at  general  elections. 

Officers  not  elected  by  the  electors  of  the  commonw^ealth  at  large 
shall  be  elected  at  municipal  elections. 

Special  election  days  to  fill  unexpired  terms  may  be  prescribed 
by  law. 

Corresponding  provisions  in — 

Constitution  of  1838.   Art.  VI.   sec.  8. 

Constitution  of  1874,   Art.  XII,    sec.  1   (amended  1909). 


Incompatible  Offices. 

Section  2.  No  person  shall  be  a  member  of  the  general  assembly 
or  shall  hold  under  the  state  government  or  under  a  municipality  an 
office  or  place  of  trust  or  profit  in  respect  of  which  he  shall  receive 
compensation,  if  he  is  a  member  of  the  congress  or  if  he  holds  under 
the  United  States  an  office  or  place  of  trust  or  profit  in  respect  of 
which  he  shall  receive  compensation. 

No  person  who  holds  the  office  of  governor  or,  except  as  expressly 
provided  in  this  constitution,  of  lieutenant  governor  shall  hold  under 
the  state  government  or  under  a  municipality  another  office  of  trust 
or  profit. 

No  person  who  holds  under  the  state  government  the  office  of  judge 
learned  in  the  law  shall  hold  under  a  municipality  an  office  or  place 
of  trust  or  profit  in  respect  of  which  he  shall  receive  compensation. 

No  member  of  the  general  assembly  shall,  during  the  term  for  which 
he  has  been  elected,  hojd  under  the  state  government  or  under  a 
municipality  an  appointive  office  or  place  of  trust  or  profit. 

The  office  of  attorney-at-law  and  office  in  the  militia  shall  not  be 
deemed  an  office  or  place  of  trust  or  profit  within  the  meaning  of 
this  section. 

Laws  may  be  enacted  declaring  what  other  offices  or  places  of  trust 
or  profit  are  incompatible  with  each  other  or  with  membership  in  the 
general  assembly. 

Corresponding  provisions  in — 

Constitution  of  1776,    sees.  7,    2.3. 

Constitution  of  1790,   Art.  I,   sec.  18;  Art.  II.   sees.  5,   8;  Art.  V,   sec.  2. 

Constitution  of  18-38.   Art.  I.    sec.  19;    x\rt.    II,     see.    5;    Art.    V,     see.    2 

(amended  1850)  ;  Art.  VI.   sec.  8. 
Constitution  of  1874.   Art.  II.    sec.   6:    Art.   IV,    sec.   6;   Art.   V.   sec.   18; 
Art.  VIII.    sec.  15;  Art.  XII,   sec.  2. 


56  REPORT  OP  THE  COMMISSION  ON 

Art.  VII,  Sees.  3,  4 

Disqualifications  From  Holding  Office. 

Section  3.  No  person  shall  be  a  member  of  the  general  assembly 
or  shall  hold,  under  the  state  government  or  under  a  municipality, 
an  office  or  place  of  trust  or  profit  if  he  has: 

(a)  Been  convicted  of  embezzlement  of  public  money,  of  bribery, 

of  attempted  bribery,  of  perjury  or  other  infamous  crime, 
or  of  fraud  in  connection  with  an  election  while  a  candi- 
date for  oflQce,  or  for  wilful  violation  of  an  election  law 
while  a  candidate  for  office; 

(b)  Been  convicted  of  having  within  five  years,  being  a  member 

of  the  general  assembly  or  an  officer  of  the  state  govern- 
ment, used  the  money  of  the  state  government  for  an  un- 
authorized purpose  or  made  a  profit  therefrom; 

(c)  Been  convicted  upon  impeachment; 

(d)  Sei'ved  as  an  election  officer  at  the  election  at  which  such 

position  of  member  of  the  general  assembly  or  office  or 
place  of  trust  or  profit  was  filled,  except  in  the  case  of 
such  municipal  offices,  other  than  county  or  city  offices, 
as  may  be  prescribed  by  law. 

Corresponding  provisions  in — 

Constitution  of  1776,   sees.  19,   32. 

Constitution  of  1874,   Art.  II,   sec.  17;  Art.  Ill,   sec.  32:  Art.  IV,   sec.  3; 
Art.   VII,   sec.  1;   Art.  VIII,    sees.  9,    15;  Art.  IX,    sec.  14. 

Official  Oath. 

Section  4.  Members  of  the  general  assembly,  officers  of  the  state 
government  and  county  officers  shall,  before  entering  on  the  duties 
of  their  offices,  take  and  subscribe  the  following  oath  or  affirmation: 
"I  do  solemnly  swear  (or  affirm)  that  I  will  support,  obey  and  defend 
the  constitution  of  the  United  States  and  the  constitution  of  the 
commonwealth,  and  that  I  will  discharge  the  duties  of  my  office  with 
fidelity." 

The  foregoing  oath  shall  be  administered  by  a  person  authorized 
to  administer  oaths.  In  the  case  of  judges  of  the  supreme  court  and 
of  the  superior  court  and  of  executive  officers  of  the  state  govern- 
ment, the  oath  shall  be  filed  in  the  office  of  the  secretary  of  the  com- 
monwealth. In  the  case  of  other  judicial  officers  and  of  county  offi- 
cers, the  oath  shall  be  filed  in  the  office  of  the  prothonotary  of  the 
county  in  which  it  is  taken.  A  person  refusing  to  take  such  oath  or 
affirmation  shall  forfeit  his  office.  A  person  who  shall  be  convicted 
of  having  sworn  or  affirmed  falsely,  or  of  having  violated  such  oath 
or  affirmation,  shall  be  guilty  of  perjurj%  and  shall  be  forever  dis- 
qualified from  holding  any  office  of  trust  or  profit  in  the  common- 
wealth. The  oath  shall  be  administered  to  a  member  of  the  general 
assembly  by  a  judge  of  the  supreme  court  or  of  a  court  of  common 
pleas,  in  the  hall  of  the  house  to  which  the  affiant  has  been  elected. 

Corresponding  provisions  in — 

Constitution  of  1770,    sees.  10.    40. 
Constitution  of  1700,    Art.  VITI. 
Constitution  of  18:iS,   Art.  VTII. 
Constitution  of  1874,   Art.  VII. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  57 

Art.  VII,  Sees.  5,  6,  7,  8 

Extension  of  Term  and  Change  of  Compensation. 

Section  5.  The  term  of  a  public  officer  shall  not  be  extended  and 
his  compensation  shall  not  be  increased  or  decreased  after  his  elec- 
tion or  appointment  except  that  the  compensation  of  a  judge  required 
to  be  learned  in  the  law  may  be  increased. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  Ill,  sec.  13. 

Impeachment. 

Section  6.  All  officers  of  the  state  government  shall  be  liable  to 
impeachment  for  a  misdemeanor  in  office.  The  power  of  impeachment 
shall  be  vested  in  the  house  of  representatives.  An  impeachment 
shall  be  tried  by  the  senate  after  each  senator  has  been  put  on  special 
oath  or  affirmation.  The  person  impeached  can  be  convicted  only 
with  the  consent  of  two-thirds  of  the  senators  present.  Such  convic- 
tion shall  operate  to  remove  from  office  the  person  convicted  and  to 
disqualify  him  from  holding  a  public  office  or  place  of  trust  or  profit, 
but  shall  extend  no  further.  The  person  impeached,  whether  acquitted 
or  con\icted,  may  be  liable  to  indictment,  trial,  judgment  and  punish- 
ment as  prescribed  by  law. 

Corresponding  provisions  in — 
Constitution  of  1776.   sec.  2. 
Constitution  of  1790,   Art.  IV,   sees.  1,   2,   .3. 
Constitution  of  1838.   Art.  IV,   sees.  1,   2,   3. 
Constitutionof  1874,   Art.  VI,    sees.  1,   2,   3. 

Removal     Otherwise  Than  by  Impeachment. 

Section  7.  An  officer  who  shall  be  convicted  of  an  infamous  crime 
or  of  a  crime  the  commission  of  which  involves  the  violation  of  an 
obligation  imposed  on  him  as  an  officer,  shall  thereby  forfeit  his  office 
and  shall  be  otherwise  punished  as  prescribed  by  law. 

Appointed  officers,  other  than  judges  of  courts  of  record,  may  be 
removed  at  the  pleasure  of  the  appointing  power. 

Elected  officers  of  the  state  government,  except  the  governor,  the 
lieutenant  governor,  and  judges  of  the  courts  of  record,  shall  be  re- 
moved by  the  governor  for  reasonable  cause,  after  due  notice  and  full 
hearing,  on  the  address  of  two-thirds  of  the  senate. 

Judges  of  courts  of  record,  other  than  the  judges  of  the  supreme 
and  superior  courts,  may  be  removed  by  the  governor  for  reasonable 
cause,  after  due  notice  and  full  hearing,  on  the  address  of  two-thirds 
of  each  house  of  the  general  assembly. 

Corresponding  provisions  in — 

Constitution  of  1790,   Art.  V,  sec.  2. 

Constitution  of  1838,   Art.  V,  sec.  2:  Art.  VI.   sec.  9. 

Constitution  of  1874,   Art.  V,  sec.  15;   Art.  VI,    sec.  4. 

Appointments  and  Promotions. 

Section  8.  Appointments  and  promotions  in  the  civil  service  of 
the  state  government  and  of  municipalities  shall  be  according  to  merit 
and  fitness  to  be  ascertained,  so  far  as  practicable,  by  competitive 
examination. 


58  REPORT  OF  THE  COMMISSION  ON 

Art.  VII,  Sec.  9;  Art.  VIII,  Sees.  1,  2  ^ 

Bribery. 

Section  9.  A  member  of  the  general  assembly,  or  an  officer  or  em- 
ploye of  the  state  government  or  of  a  municipality,  who  shall  receive 
or  agree  or  offer  to  receive  for  himself  or  for  another  any  money, 
office,  appointment,  employment,  testimonial,  reward,  thing  of  value 
or  enjoyment,  or  of  personal  advantage  or  promise  thereof  to  influence 
the  performance  of  a  public  duty,  or  a  person  who  shall  give  or 
promise  or  offer  to  give  any  money,  or  thing  of  value,  testimonial, 
privilege,  or  personal  advantage  to  a  member  of  the  general  assembly 
or  to  an  officer  or  employe  of  the  state  government  or  of  a  munici- 
pality, to  influence  him  in  the  performance  of  a  public  duty,  shall  be 
guilty  of  bribery,  and  shall  be  punished  as  prescribed  by  law. 

In  a  prosecution  for  briberj^  or  attempted  bribery,  or  in  an  investi- 
gation thereof,  no  witness  except  the  accused  shall  be  permitted  to 
withhold  his  testimony  on  the  ground  that  it  may  criminate  him  or 
subject  him  to  infamy.  Such  testimony  shall  not  afterwards  be  used 
against  the  witness  in  a  judicial  proceeding  except  in  a  prosecution 
for  perjury  in  giving  such  testimony. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  Ill,   sees.  29,   .30.   31,   .32. 


ARTICLE  VIII. 

TAXATION  AND  FINANCE. 

Method  of  Taxation. 

Section  1.  Taxes  shall  be  levied  and  collected  onlj^  as  prescribed 
by  general  law.  A  tax  shall  be  uniform  upon  the  same  class  of 
subjects  within  the  territorial  limits  of  the  taxing  authority,  ex- 
cept that  an  income  or  a  decedent's  estate  below  a  minimum  pre- 
scribed by  law  may  be  exempted  from  income  and  inheritance  taxes. 

Laws  may  be  enacted  providing  for  the  levying  and  collecting  of 
a  special  tax  on  anthracite  coal  when  prepared  f<»r  market.  An  ap- 
propriation not  exceeding  the  amount  of  the  proceeds  of  such  tax 
may  be  made  by  law  for  the  relief  of  persons,  corporations,  asso- 
ciations and  municipalities  injured  or  damaged  by  surface  subsid- 
ence resulting  from  past  or  future  mining  of  anthracite  coal. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  IX,   sec.  1. 

Exemption  From  Taxation. 

Section  2.  Laws  may  exempt  from  taxation  only  public  property 
used  for  public  purposes,  places  used  for  religious  worship,  places 
of  burial  not  used  or  held  for  private  profit,  and  institutions  of 
purely  public  charity.     Private  property  used  for  a  part  or  all  of 


CONSTITUTIONAL  AMENDMENT  ANT)  REVISION.  59 

Art.  VIII,  Sees.  3,  4,  5,  6 

the  time  for  educational  purposes  shall  only  be  exempted  if  the 
basic  language  of  instruction  is  English  and  if  the  educational 
standards  are  as  high  as  in  the  public  institutions  with  which  it  is 
intended'  to  compete. 

Corrospondiug  provisions  in — 

Constitution  of  1874,    Art.   IX,    sees.    1.    2. 

Power  to  Tax  Not  to  be  Surrendered. 

Section  3.  The  power  to  tax  shall  not  be  surrendered  or  sus- 
pended by  contract  or  grant. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  IX,   sec.  3. 

Limitation  on  State  Debt. 

Section  4.  A  debt  shall  be  created  by  the  state  government  only 
to  supply  casual  deficiencies  of  revenue  not  exceeding  one  million 
dollars,  to  repel  invasion,  to  suppress  insurrection,  to  defend  the 
commonwealth  in  war,  to  pay  existing  debts,  to  improve  and  re- 
build highways  in  the  state  and  to  acquire  land  in  the  state  for 
,  forest  purposes.  A  debt  for  highways  shall  not  be  incurred  in  ex- 
cess of  one  hundred  and  fifty  million  dollars,  or  for  forest  purposes 
in  excess  of  tweutj'-five  million  dollars.  A  debt  for  highway  or  forest 
purposes  shall  be  created  only  with  the  consent  of  two-thirds  of  each 
house  of  the  general  assembh^  and  with  the  consent  of  a  majority 
of  the  electors  of  the  commonwealth  voting  on  the  question ;  except 
that  the  adoption  of  this  constitution  by  the  electors  shall  be  taken 
to  authorize  a  law  providing  for  the  issuance  of  bonds  for  forest 
i)urposes  not  in  excess  of  three  million,  one  hundred  and  twenty- 
five  thousand  dollars  annually  for  eight  j^ears. 

Corresponding  provisions  in — 

Constitution  of  18.38,   Art.  XI,   sees.  1,    2   (amended  1857). 
Constitution  of  1874,   Art.  IX,   sec.  4   (amended  1918). 

Law  Shall  State  Purpose  of  Loan. 

Section  5.  A  law  authorizing  the  borrowing  of  money  by  the 
state  government  shall  specify  the  purpose  of  the  loan.  The  money 
borrowed  shall  be  used  only  for  such  pur]>ose. 

Corresponding  provisions  in — 

Constitution  of  1838,   Art.  XI,   sees.  1,  2  (amended  1857). 
Constitution  of  1874,   Art.  IX,   .sec.  5. 

Amortization  of  State  Debt. 

Section  6.  The  state  government  sliall  not  incur  a  debt  maturing 
more  than  fifty  years  thereafter. 

If  serial  bonds  are  issued  for  a  debt,  the  aggregate  amount  of 
]»rincipal  and  interest  payable  in  respect  to  the  debt  in  any  year  shall 
not  be  less  than  the  amount  payable  in  any  later  year. 


60  REPORT  OF  THE  COMMISSION  ON 

Art.  VIII,  7,  8,  9,  10,  11 

If  serial  bonds  are  not  issued,  the  state  government  sliall  main- 
tain by  law  a  sinking  fund  sufficient  to  pay  the  accruing  interest 
on  such  debt  and  annually  to  reduce  the  principal  by  a  sum  not  less 
than  three  per  centum  of  such  principal.  The  monej^  of  the  sinking 
fund  shall  be  invested  only  in  the  bonds  of  the  United  States  or  of 
the  state  government. 

Corresponding  provisions  in — 

Constitution  of  1838,   Art.  XI,   sec.  4    (amended    1857). 
-Constitution  of  1874,   Art.  IX,   sees.  11,   12. 

State  Credit  Not  to  be  Pledged. 

Section  7.  The  state  government  shall  not  pledge  or  lend  its 
credit  to  an  individual,  corporation  or  association  and  shall  not  be- 
come a  stockholder  or  an  owner  in  a  corporation  or  association. 

Corresponding  provisions  in — 

Constitution  of  1838,   Art.  XI,   sec.  5   (amended   1857). 
Constitution  of  1874,   Art.  IX,   sec.  6. 

Municipal  Debt  Not  to  be  Assumed  by  State. 

Section  8.  The  state  government  shall  not  assume  the  debt  of  a 
municipalitj'  unless  contracted  to  enable  tlie  commonwealth  to  repel 
invasion,  to  suppress  insurrection  or  to  defend  itself  in  war. 

Corresponding  provisions  in — 

Constitution  of  1838,   Art.  XI,   sec.  6   (amended   1857). 
Conctitution  of  1874,   Art.  IX,   sec.  9. 

Reserve  Funds. 

Section  9.  The  money  held  as  necessary  reserve  by  the  state 
government  shall  be  limited  by  law  to  the  amount  required  for  cur- 
rent expenses  and  shall  be  secured  and  kept  as  prescribed  by  law. 
Monthly  statements  shall  be  published  showing  the  amount  of  such 
money,  where  it  is  deposited,  and  how  it  is  secured. 

Paying  Out  Public  Money. 

Section  10.  Money  shall  be  paid  out  of  tlie  state  treasury  only 
on  appropriations  made  by  law  and  on  warrant  by  the  proper  of- 
ficer in  pursuance  thereof. 

Misuse  of  Public  Money. 

Section  11.  An  officer  or  an  employe  of  the  state  government  or 
of  a  municipality  or  a  member  of  the  general  assembly  who  shall 
make  or  attempt  to  make  a  profit  out  of  the  money  of  the  state  gov- 
ernment or  of  a  municipality  or  shall  use  it  for  an  unauthorized 
purpose,  shall  be  guilty  of  a  misdemeanor  and  shall  be  punished  as 
prescribed  by  law. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  61 


Art.  IX,  Sees.  1,  2,  3,  4 

ARTICLE  IX. 

CORPORATIONS. 

Corporate  Powers. 

Section  1.     A  corporation  shall  engage  only  in  the  business  an- 
thorized  by  its  charter. 

CoiTPsponding  provi.sions  in — 

Constitution  of  1874,  Art.  XVI-,   soc.  6. 


Stocks  and  Bonds 

Section  2.  Subject  to  such  regulations  as  to  issue  and  sale  as 
may  be  prescribed  by  law  or  by  an  agency  established  by  law,  shares 
of  stock  may  be  issued  with  or  without  par  value.  Shares  of  stock 
having  par  value  shall  be  issued  as  full  paid  only  for  the  equivalent 
of  such  par  value  in  money,  labor  done  or  property  received,  except 
that  a  corporation  may  issue  additional  full  paid  shares  as  pre- 
scribed by  law  or  by  an  agency  created  by  law  for  a  consideration 
in  mone}',  labor  or  property  equal  to  the  current  market  value  of  its 
shares  theretofore  issued.  Neither  the*  stock  nor  the  indetedness 
of  corporations  shall  be  increased  except  in  pursuance  of  general 
law  or  without  the  consent  of  the  holders  of  the  larger  amount  in 
value  of  the  stock  first  obtained  at  a  meeting  to  be  held  after  thirty 
days'  notice  given  in  pursuance  of  law. 

Corresponding  provisions  in — - 

Constitution  of  1874,   Art.  XVI,   sec.  7. 


Investment  of  Trust  Funds. 

Section  3.  No  law  shall  authorize  fiduciaries  to  invest  in  stock 
or  securities  issued  by  a  corporation  except  in  bonds  approved  by  an 
agency  created  by  law. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  Ill,  sec.  22. 


Bank  Notes  and  Bills. 

Section  4.  A  note  or  bill  issued  for  circulation  by  a  banking 
corporation  shall  be  registered  and  countersigned  by  an  officer  of 
the  state  government,  and  its  payment  shall  be  secured  by  the  deposit 
of  security  to  the  full  amount  thereof  with  the  state  treasurer.  The 
method  of  registering,  countersigning  and  securing  payment  shall 
be  prescribed  by  law. 

Corresponding  provisions  in — 

Con.stitution  of  1874,  Art.  XVI,   .sec.  9. 


62  REPORT  OF  THE  COMMISSION  ON 

Art.  IX,  Sees.  5,  6,  7,  8,  9,  10 

Cumulative  Voting. 

Section  5.  In  elections  for  directors  or  managers  of  a  corpora- 
tion each  member  or  voting  stockholder  may  cast  his  votes  for  one 
candidate,  or  may  distribute  them  among  two  or  more  candidates. 

Corresponding  proxi.sions  in — 

Constitution  of  1874,   Art.  XVI,   sec.   i. 

Foreign  Corporations. 

Section  G.  A  foreign  corporation  shall  not  do  business  in  this 
state  without  having  in  the  state  a  known  place  of  business  and 
without  making  the  secretary  of  the  commonwealth  an  agent  of  the 
corporation  upon  whom  process  may  be  served. 

Corresponding-  provisions  in — 

Constitution  of  1874,    Art.  XVI,    sec.  5. 

Commonwealth's  Rights  of  Eminent  Domain  and  Police  Power. 

Section  7.  The  exercise  of  the  right  of  eminent  domain  shall  not 
be  abridged  or  so  constructed  as  to  prevent  the  taking  by  law  of  the 
property  and  franchises  of  corporations  and  subjecting  them  to  jjub- 
lic  use  the  same  as  the  property  of  individuals.  The  exercise  of  the 
police  power  shall  not  be, abridged  or  so  constraed  as  to  permit 
corporations  to  conduct  their  business  in  such  manner  as  to  in- 
fringe the  equal  rights  of  individuals  or  the  general  well-being  of 
the  state. 

Corresponding  provisions  in — 

Constitution  of  1874.   Art.  XVI,   sec.  3. 

Corporate  Obligations  Owned  by  State. 

Section  8.  Except  as  prescribed  by  law,  an  obligation  of  a  corpora- 
tion held  or  owned  by  the  state  government  shall  not  be  exchanged, 
transferred,  remitted,  postponed,  diminished  or  discharged  except 
I'y  payment  thereof  into  the  state  treasury. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  Ill,   sec.  24.  ' 

Statutes  of  Limitations. 

Section  i).  Tv^o  law  shall  discriminate  between  corporations  and 
jiidividnals  with  respect  to  the  time  in  which  suit  may  be  brouglit 
against  either. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  Ill,   sec.  21   (amended  1915). 

Revocation  and  Alteration  of  Corporate  Charters. 

Section  10.  Laws  may  be  enacted  for  the  alteration,  revocation, 
or  annulment  of  corporate  charters  revocable  when  this  constitu- 
tion  becomes  effective  or   thereafter  granted   when   such   charters 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  63 

Art.  IX,  Sees.  11,  12,  13;  Art.  X,  Sees.  1,  2 

isliall  be  deemed  injiirions  to  the  citizens  of  the  commonwealth,  in 
t^uch  manner,  however,  that  no  injnstice  shall  be  done. 

Corresponding  provisions  in — 

Constitution  of  18.38.   Art.  1,  sees.  25,  26  (sec.  26  amondod  18-57). 

Conditions  Imposed  on  Benefits  to  Corporations. 

Section  11.  No  law  shall  remit  the  forfeiture  of  the  charter  of  a 
corporation  now  existing,  or  amend  tlie  same,  or  otherwise  benefit 
such  corporation,  except  upon  condition  that  it  shall  thereafter 
hold  its  charter  subject  to  the  provisions  of  this  constitution. 

Corrospondin.ET  provisions  in — 

Constitution  of  1874,   Art.  XVI,   sec.  2. 

i 

Banks  and  Trust  Companies. 

Section  12.  Laws  ma,y  be  enacted  to  provide  for  the  incorporation 
of  banks  and  trust  companies  and  to  prescribe  the  powers  thereof. 

Corresponding  provisions  in — 

Constitution  of  1838,   Art.  I,    sec.  25. 
Constitution  of  1874,   Art.  XVI,    sec.  11. 

Definition  of  "Corporation." 

Section  13.  The  term  ''corporation"  as  used  in  this  constitution 
includes  joint  stock  companies  or  associations  having  any  of  the 
powers  or  privileges  of  corporations  not  possessed  by  individuals 
or  partnerships. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  XVI,     sec.  1-3. 


ARTICLE  X. 
PUBLIC  UTILITIES. 

Regulation  of  Public  Utilities. 

Section  1.  Public  sen'ice  and  the  business  of  those  therein  may  be 
regulated  by  law  or  by  an  agency  created  by  law. 

Eminent  Domain. 

Section  2.  A  corporation,  association,  individual  or  municipality 
invested  with  the  privilege  of  taking  private  property  for  public 
use  shall  make  just  compensation  for  property  taken,  injured  or 
destroyed.  The  compensation  shall  be  paid  or  secured  before  such 
taking,  injury  or  destruction.    No  law  shall  deprive  a  person  of  an 


64  REPORT  OF  THE  COMMISSION  ON 

Art.  X,  Sees.  3,  4,  5 

appeal  from  a  preliminary  assessment  of  damages,  and,  on  appeal, 
either  party  may  have  the  damages  assessed  by  a  jury  according  to 
the  course  of  the  common  law. 

Corresponding  provisions  in — 

Constitution  of  1838,   Art.  VII,   sec.  4. 
Constitution  of  1874,   Art.  XVI,   sec.  8. 

Common  Carriers,  Telegraph  and  Telephone  Lines. 

Section  3.  Railroads  and  canals  shall  be  public  highways  and 
railroad  and  canal  corporations  shall  be  common  carriers.  Such 
corporations  may  construct  and  operate  railroads  and  canals  be- 
tween any  points  within  the  state  and  may  cross  and  connect  with 
other  railroads  and  canals  within  the  state  and  at  the  state  line. 
They  shall  receive,  at  connecting  points,  and  shall  transport,  each 
other's  passengers  and  freight  without  delay  or  discrimination, 
Railroad  corporations  shall  receive  at  connecting  points  and  trans- 
port each  other's  cars  and  canal  corporations  shall  likewise  receive 
and  transport  each  other's  vessels. 

A  corporation  organized  for  the  purpose  shall  have  the  right  to 
construct  lines  of  telegraph  and  telephone  within  the  state.  The 
owners  or  operators  of  telegraph  or  telephone  lines  may  connect 
them  with  the  telegraph  and  telephone  lines  of  others.  They  shall 
receive  at  connecting  points  and  shall  transmit  each  other's  mes- 
sages. 

The  rights  and  obligations  set  forth  in  this  section  shall  be  exer- 
cised only  as  prescribed  by  law  or  by  an  agency  created  by  law. 

Corresponding  provisions  in — 

Constitution  of  1874,   Art.  XVI,   sec.  12;  Art.  XVII,   sec.  1. 


Construction  of  Canals  to  Conform  to  Fixed  Standards. 

Section  4.  Provision  shall  be  made  by  law  for  the  construction 
of  canals  in  accordance  with  standards  prescribed  by  law  or  by 
an  agency  created  by  law. 


No  Discrimination  in  Services  or  Charges. 

Section  5.  All  individuals,  associations  and  corporations  shall 
have  equal  rights  to  have  persons  and  property  transported  over 
railroads  and  canals  and  to  have  messages  transmitted  over  tele- 
grai)h  and  telephone  lines.  There  shall  be  no  undue  or  unreasonable 
discrimination,  in  facilities  or  charges,  for  such  transportation  or 
transmission  within  the  state  or  coming  from  or  going  to  another 
state.  A  charge  for  such  transportation  or  transmission  within, the 
state  shall  not  exceed  the  charge  for  a  similar  service  in  the  same 
direction  to  a  more  distant  point,  but  excursion  or  commutation 
tickets  may  be  issued  at  special  rates. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  XVII,  sec.  3. 


CONSTITITIOXAL  AMENDMENT  AND   IIKVISIOX.  65 

Art.  X,  Sees.  6,  7,  8,  9,  10 

Preferences  and  Rebates  Prohibited. 

Section  (>.  No  discrimination  in  charges  or  facilities  for  trans- 
portation shall  be  made  bet>\^een  transportation  corporations  and 
individuals,  or  iu  favor  of  either,  by  abatement,  drawback  or  other- 
wise, and  no  railroad  or  canal  corporation,  or  any  lessee,  manager 
oi-  employe  thereof,  sliall  make  preferences  in  furnishing  service. 

Con'o.spoiiding  provisions  in — 

Constitutini)  of  1S74.    Art.  XVJl,   sec    7. 

Consolidation  Permitted. 

Section  7.  A  public  service  corporation,  when  authorized  by  law 
or  by  an  agenc}'  created  by  law,  may  consolidate  with  another  public 
service  corporation  or  may  acquire  its  stock,  property  or  franchises. 

Correspondinj;   provisions  in — 

Constitution  of  1874,  Art.  XVII,   sec.  4. 

Powers  of  Common  Carriers. 

Section  8.  A  corporation  being  a  common  carrier  shall  not  trans- 
port over  facilities  which  it  owns  or  operates  articles  which  it  has 
directly  or  indirectly  mined  or  manufactured  for  sale. 

It  shall  engage  only  in  the  business  of  a  common  carrier,  except 
that  if  it  uses  electricity  as  a  motive  power,  it  may,  when  authorized 
by  an  agency  created  by  law,  furnish  electricit}^  to  others  for  light, 
heat  or  power. 

A  mining  or  manufacturing  corporation  shall  not  be  deemed  a 
common  carrier  for  the  purposes  of  this  section  by  reason  of  carrying 
its  products  on  its  railroad  or  canal  not  exceeding  fifty  miles  in 
length. 

Corrfspondini;-  provisions  iji — 

Constitution  of  1874.  Art.  XVII,  see.  5. 

Passes  Prohibited. 

Section  9.  A  corporation  being  a  common  carrier  shall  not  grant 
free  passes  or  reduced  rates  to  any  person  except  to  its  own  officers 
or  employes. 

Corrospondinir  provisions  in — 

-Constitution  of  1874.   Art.  XVII,   sec.  8. 

Water  Rights. 

Section  10.  A  right  in  waters  shall  not  be  granted  by  the  state 
government  or  by  a  municipality  for  more  than  fifty  years  or  without 
reasonable  compensation. 

At  the  expiration  of  the  first  or  of  any  subsequent  grant,  the  state 
government  or  the  municipality  shall  make  a  new  grant  to  the  holder 
of  the  right,  or  pay.  or  cause  to  be  paid,  compensation  for  all  property 


66  REPORT  OF  THE  COMMISSION  ON 

Art.  X,  Sec.  11;   Art.  XI,  Sees.  1,  2,  3,  4 

necessai-y  to  tlie  exercise  of  the  right  and  upon  such  payment  title 
to  said  property  shall  vest  in  the  state  government  or  municipality 
or  corporation  making  the  payment. 

Enforcement  of  This  Article, 

Section  11.     Laws  shall  be  enacted  to  enforce  the  provisions  of 
this  article. 

Corresponding  provisions  in — 

-Constitution  of  1874,   Art.  XVII,   see.  12. 


ARTICLE  XL 
EDUCATION. 


Educational  System  of  the  Commonwealth. 

Section  1.  Laws  shall  be  enacted  providing  for  the  operation  and 
maintenance  of  a  public  educational  system  for  the  commonwealth. 
This  shall  include  public  schools  for  the  elementary,  secondary  and 
vocational  education  of  all  children  of  the  commonwealth,  for  the  free 
mental  and  vocational  education  of  persons  under  mental  or  physical 
disability,  for  the  free  education  in  American  citizenship  of  adults, 
and  for  the  training  of  teachers,  a  sj^stem  of  public  libraries,  one  or 
more  public  universities,  and  such  other  public  educational  institu- 
tions and  agencies  as  may  be  wise  and  necessary  for  the  improvement 
of  the  citizenship  of  the  commonwealth. 

Corresponding  provisions  in — 

Constitution  of  1776,   sec.  44. 
Constitution  of  1790,  Art.  VII,  sec.  1. 
Constitution  of  1838,  Art.  VII,  sec.  1. 
Constitution  of  1874,  Art.  IX,   sec.  1. 

State  Council  of  Education. 

Section  2.  Laws  shall  be  enacted  providing  for  a  state  council  of 
education  appointed  by  the  governor.  The  council  shall  have  the 
powers  and  duties  prescribed  by  law.  Its  chief  executive  officer  shall 
be  the  commissioner  of  education. 

Support  of  Educational  System. 

Section  3.  Laws  shall  be  enacted  making  adequate  provision  by 
appropriation  and  through  general  or  special  forms  of  taxation  for 
the  effective  and  equitable  support  of  the  public  educational  system 
of  the  commonwealth. 

No  Appropriations  to  Sectarian  Institutions. 

Section  4.  Money  raised  for  the  support  of  the  public  educational 
system  of  the  commonwealth  shall  not  be  appropriated  to  or  used 
for  the  support  of  any  sectarian  school  or  institution. 


CONSTITUTIOXAI.   AAflWDMENT  AND   REVISION.  67 

Art.  Xi;  Sees.  5,  6;   Art.  XII,  Sees.  1,  2,  3,  4 

State  School  Fund. 

Section  5.  The  net  receipts  from  state  forests,  unclaimed  funds 
derived  by  the  commonwealth  either  by  escheat  or  otherwise,  and 
money  or  property  designated  for  the  purpose  and  derived  from  any 
source  shall  constitute  the  state  school  fund  to  be  used  only  for  the 
benefit  of  the  public  educational  system  of  the  commonwealth  in  such 
manner  as  may  be  prescribed  by  law. 

Basic  Instruction  to  be  in  English. 

Section  6.  The  basic  instruction  in  public  and  private  schools  shall 
be  given  in  the  English  language  and  from  English  texts. 


ARTICLE  XII. 
SOCIAL  WELFARE  AND  PUBLIC  HEALTH. 

Charitable  Institutions  and  Agencies. 

Section  1.  Laws  shall  be  enacted  providing  for  the  maintenance 
of  an  efficient  system  of  institutions  and  agencies  to  care  for  residents 
of  the  commonwealth  who  cannot  care  for  and  support  themselves  on 
account  of  physical  or  mental  infirmities  or  other  misfortune  and  to 
prevent  such  infirmities  and  misfortunes  so  far  as  possible. 

Penal  and  Correctional  Institutions. 

Section  2.  Laws  shall  be  enacted  providing  for  the  maintenance  of 
an  efficient  system  of  penal  and  correctional  institutions  and  agencies. 

Employment  and  Treatment  of  Prisoners. 

Section  3.  Humanity,  sound  public  economy  and  just  considera- 
tion for  the  innocent  dependents  of  persons  deprived  of  their  liberty, 
by  judgment,  decree  or  sentence  of  any  court,  require  that  all  such 
persons  should,  during  their  imprisonment,  be  afforded  an  oppor- 
tunity for  remunerative  labor,  and  the  conditions  of  imprisonment 
shall  always  be  such  as  to  promote  the  physical,  mental  and  moral 
welfare  of  the  prisoner.  Such  laws  shall  accordingly  be  enacted  as 
may  be  necessary  to  give  effect  to  this  provision. 

Supervision  of  Charitable,  Correctional  and  Penal  Institutions 

and  Agencies. 

Section  4.  Charitable,  correctional  and  penal  institutions  and 
agencies  and  other  institutions  and  agencies  for  the  care,  relief  oi- 
treatment  of  persons  having  physical  or  mental  infirmities,  shall  be 


68  REPORT  OF  THE  COMMISSION  OX 

Art.  XII,  Sec.  5;    Art.  XIII,  Sees.  1,  2,  3,  4 

subject  to  governmental  inspection  and  supervisory  control.  The 
power  to  enforce  the  laws  with  respect  to  such  institutions  shall  be 
vested  in  one  or  more  departments  of  the  state  government  or  in 
such  agencies  as  may  be  prescribed  by  law. 

Health. 

Section  5.  TTie  protection  and  promotion  of  the  public  health 
under  modern  social,  economic  and  industrial  conditions  is  essential 
to  the  well-being  of  the  commonwealth  and  is  herebj'  declared  to  be  a 
primary  duts'  of  government. 


ARTICLE  XIII. 

MUNICIPALITIES. 

Definition. 


Section  1.  Municipalities  shall  be  counties,  cities,  boroughs,  town- 
ships, school  districts,  poor  districts  and  other  divisions  of  the  com- 
monwealth for  the  purpose  of  local  government. 

Classification. 

Section  2.  Municipalities  may  be  classified  upon  the  basis  of  con- 
ditions requiring  special  regulation.  The  classification  of  municipali- 
ties according  to  population  shall  not  divide  cities,  counties  or  scliool 
districts  into  more  than  seven  classes  or  other  municipalities  into 
more  than  five  classes.  A  class  must  contain  more  municipalities 
than  one  except  where  the  basis  of  classification  is  population  or  the 
coincidence  of  the  boundaries  of  two  or  more  municipalities. 

A  law  otherwise  general  shall  not  be  local  because  applicable  only 
to  municipalities  adopting  it. 

Proportional  Representation. 

Section  8.  Proportional  representation  may  be  prescribed  by  law 
for  the  election  of  representative  bodies  in  municipalities  in  which 
that  method  of  election  shall  be  approved  by  a  majority  of  the  electors 
voting  on  the  question. 

New  Counties. 

Section  4.  A  new  county  shall  not  be  established  if  it  would  have 
less  than  three  hundred  square  miles  and  fifty  thousand  inhabitants 
or  if  a  line  thereof  would  pass  within  ten  miles  of  the  boundary  of 
the  county  seat  of  a  county  proposed  to  be  divided  or  if  its  establish- 
ment would  reduce  another  county  below  such  area  or  population.    A 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  69 

Art.  XIII,  Sees.  5,  6,  7,  8,  9 

new  county  shall  not  be  established  without  the  consent  of  a  majority 
of  the  electors  resident  within  tlie  proposed  boundaries  thereof  voting 
on  the  question. 

Corrospoufliiis'  provisions  in — 

(\>n.stituTiuM  of  18H8.  Art.  XII.    (Amended  1S.~)7). 
Constitution  of  3S74,   .Vrt.  XIII,  sec  I. 

City  Charters. 

Section  5.  Laws  may  be  enacted  giving  to  cities  or  to  cities  of  a 
particular  class,  authority  to  frame,  adopt  and  amend  charters  for 
their  organization  and  government. 

Creation  and  Change  of  Boundaries  of  Cities  and  Boroughs. 

Section  G.  A  city  or  borough  shall  not  be  established  or  its  boun- 
daries changed  except  with  the  consent  of  a  majority  of  the  electors 
resident  within  the  proposed  boundaries  voting  on  the  question,  and 
of  a  majority  of  the  electors  in  the  proposed  added  or  excluded  area 
voting  on  the  question. 

Corresponding'  provisions  in — 

Constitution  of  1874,   Art.  XV,   sec.  1. 

Appointive  Municipal  Officers. 

Section  7.  Appointive  officers  in  counties,  cities,  boroughs  and 
townships  shall  be  appointed  by  an  officer  or  agency  of  the  munici- 
pality as  prescribed  by  law,  except  as  in  this  constitution  otherwise 
provided. 

Accountability  of  Municipal  Officers. 

Section  8.  Laws  shall  be  enacted  providing  for  the  strict  account- 
ability of  municipal  officers,  as  well  for  the  fees  which  may  be  col- 
lected by  them  as  for  all  public  or  municiDal  moneys  which  may  be 
paid  to  them. 

Corresponding  provisions  in —       ' 

Constitution  of  1874,  Art.  XIV,  sec.  6. 

County  Officers. 

Section  9.  The  officers  of  a  county  shall  be  three  commissioners, 
three  auditors  or  a  controller,  a  sheriff,  a  coroner,  a  prothonotary,  a 
register  of  wills,  a  recorder  of  deeds,  a  treasurer,  a  surveyor,  a  clerk 
of  the  orphans'  court,  a  clerk  of  the  court  of  quarter  sessions  of  the 
peace  and  of  the  court  of  oyer  and  terminer  and  general  jail  delivery, 
a  district  attorney,  and  other  officers  prescribed  by  laAv. 

In  a  county  co-extensive  with  a  city  or  included  therein,  any  con- 
stitutional county  office  may  be  abolished  by  law  and  its  fluties  and 
powers  may  be  transferred  to  a  city  officer  or  officers. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  XIV,  sec.  1. 


70  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sees.  10,  11,  12,  13 

Election  of  Certain  County  Officers. 

Section  10.  Except  as  in  this  constitution  expressly  provided, 
county  officers  shall  be  chosen  by  the  electors  of  the  county.  Each 
shall  hold  office  for  four  years  from  the  first  Monday  of  January 
succeeding  his  election  or  until  his  successor  shall  qualify.  Vacan- 
cies shall  be  filled  as  prescribed  i)y  law.  The  sheritf  and  the  treasurer 
shall  not  be  eligible  for  the  succeeding  term. 

Corresponding  provisions  in — 

Constitution  of  177tj,   sec.  31. 

Constitution  of  1790,  Art.  VI,  sec.  1. 

Constitution  of  1838,  Art.  VI,  sees.  1,  .'5. 

Constitution  of  1874,   Art.  XIV.   sees.  1.   2  (Aineiided  100!)). 

County  Commissioners  and  County  Auditors. 

Section  11.  Three  county  commissioners  shall  be  elected  in  each 
county  in  the  year  1928,  one  to  serve  for  two  years  and  two  to  serve 
for  four  years.  Every  four  years  thereafter,  two  commissioners  shall 
be  elected  to  serve  for  four  years.  In  the  year  11)25  and  every  four 
years  thereafter,  one  commissioner  shall  be  elected  to  serve  for  four 
years.  An  elector  shall  vote  for  one  candidate  for  commissioner  ex- 
cept in  the  year  1923,  when  he  shall  vote  for  one  candidate  to  serve 
for  two  years  and  for  one  candidate  to  serve  for  four  years.  A  vacancy 
in  the  office  of  commissioner  shall  be  filled  by  the  governor  by  the 
appointment  of  an  elector  of  the  county  who  has  voted  for  the  com- 
missioner whose  place  is  to  be  filled.  In  a  county  having  auditors, 
they  shall  be  elected  and  vacancies  in  the  office  of  auditor  shall  be 
filled  as  in  the  case  of  commissioners. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  XIV,  sec.  7  (Amended  1909). 

Philadelphia  Prothonotary. 

Section  12.  The  prothonotary  of  the  county  of  Philadelphia  shall 
be  appointed  by  the  judges  of  the  court  of  common  pleas  of  the  county. 
He  shall  hold  office  for  three  years,  but  may  be  removed  at  the  pleas- 
ure of  the  court.  He  shall  appoint  assistants  only  with  the  approval 
of  the  court.  The  salaries  of  the  prothonotary  and  of  his  assistants 
shall  be  paid  by  the  county. 

Corresponding  provisions  in^ 

Constitution  of  1874,  Art.  V,  sec.  7. 

Residence  of  County  Officers. 

Section  13,  An  appointive  county  officer  shall  have  been  a  citizen 
and  resident  of  the  county  for  one  year  before  his  appointment,  if 
the  county  has  been  so  long  established,  but  if  it  has  not  been  so  long 
established,  then  within  the  limits  of  the  county  or  counties  out  of 
which  it  has  been  taken. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  XIV.  sec.  3. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  71 

Art.  XIII,  Sees.  14,  15,  16,  17 

Certain  County  Officers  to  Keep  Offices  in  County  Seat. 

Section  14.  The  prothonotary,  the  clerk  of  the  orphans'  court,  the 
clerk  of  the  court  of  quarter  sessions  of  the  i^eace  and  of  the  court 
of  oyer  and  terminer  and  general  jail  delivery,  the  recorder  of  deeds, 
the  register  of  wills,  the  surveyor,  and  the  sheriff  shall  keep  their 
offices  in  the  county  seat. 

Correspouding  provisions  in — 
Constitution  of  177U,  sec.  34. 

Constitution  of  1790,  Art.  \',  sec.  11;  Art.  \'I,  see.  3. 
Constitution  of  1838,  Art.  X,  sec.  10;  Art.  VI,  sec.  4. 
Constitution  of  1874    Art.  XIV.  sec.  4.    . 


Compensation  of  County  Officers. 

Section  15.  County  officers  shall  be  paid  only  by  salary  for  services 
performed  for  the  state  government  or  for  the  county  or  for  any  other 
official  service.  ExceiDt  as  otherwise  provided  in  this  constitution, 
such  salaries  shall  be  prescribed  by  law.  Fees  received  by  county 
officers  shall  be  paid  into  the  treasury  of  the  county  or  into  the  state 
treasury  as  prescribed  by  Jaw. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  XIV,  sec.  5. 

Salaries  and  Expenses  of  County  Officers  in  a  County  Co-Extensive 

With  a  City. 

Section  16.  In  a  county  co-extensive  with  a  city  or  included  there- 
in, the  county  treasury  and  the  city  treasury  sliall  be  united  in  a 
single  city  treasury.  The  funds  and  obligations  of  the  county  shall 
be  those  of  the  city.  The  officers  of  the  state  government  or  of  the 
county  whose  salaries  or  the  expenses  of  whose  offices  or  courts  shall 
be  paid  in  whole  or  in  part  by  the  city,  shall  at  such  times  as  may 
be  required  in  the  case  of  city  offices  submit  to  the  chief  executive  of 
the  city  estimates  of  their  needs.  TTie  city  shall  control  the  amount 
to  be  expended  for  such  salaries  and  expenses  except  salaries  pre- 
scribed by  law,  and  the  expenses  of  the  courts  of  common  pleas  and 
of  the  orphans'  courts. 

Municipal  Borrowing  Capacity. 

Section  17.  A  municipality  may  incur  debt  by  borrowing  money  as 
prescribed  by  law  if  its  aggregate  debt  for  borrowed  money  would  not 
then  exceed  the  sum  of: 

(a)  Ten  per  centum  of  the  assessed  value  of  the  property 
therein  taxable  by  or  for  the  benefit  of  the  municipality. 

(b)  An  amount  equal  to  that  capital  sum  which,  at  the 
legal  rate  of  interest  and  at  such  amortization  charges  as  shall 
be  prescribed  by  law  would  yield  an  amount  equal  to  the  net 
revenue  derived  by  the  municipality  during  the  last  preceding 
fiscal  year  from  its  public  improvements. 


72  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sec.  18 

(c)  The  amount  of  debt  secured  b3'  lieus  on  public  improve- 
ments and  imposing  no  obligation  on  the  municipality,  if  the 
net  revenue  derived  from  such  improvements  has  not  been 
taken  into  account  under  paragraph  (b). 

(d)  So  much  of  anj-  debt  incurred  within  five  years  to  ac- 
([uire  public  improvements  a.s  shall  be  likely  to  be  allowable 
under  paragraph  (b)  within  six  years  thereafter,  if  the  net 
revenue  derived  from  such  improvements  has  not  been  taken 
into  account  under  paragraph  (b),  and  if  such  debt  has  not 
been  taken  into  account  under  i)aragraph  (c). 

(e)  The  par  value  of  the  evidences  of  debt  of  the  munici- 
palitj^  owned  by  it  and  pledged  toward  the  payment  of  the 
principal  of  its  debt. 

(f )  The  amount  of  cash  and  the  marked  value  of  invest- 
ments owned  by  the  municipality  and  the  amount  of  the  col- 
lectible debts  due  or  to  fall  due  owned  by  the  municipality, 
in  so  far  as  such  assets  are  j)ledged  toward  tlie  payment  of 
the  principal  of  its  debt.  _ 

(g)  Eighty  per  centum  of  the  amount  which  it  is  estimated 
as  prescribed  by  law  that  the  municipality  will  receive  within 
five  years  from  assessments  against  proper-ty  benefited  by  pub- 
lic improvements,  if  such  amount  is  pledged  toward  the  pay- 
ment of  the  principal  of  its  debt  and  if  it  has  not  been  taken 
into  account  under  paragraph,  (f). 

An  indebtedness  incurred  bj^  a  municipality  in  excess  of  three  per 
centum  of  the  assessed  value  of  the  taxable  property  therein  shall  be 
approved  by  a  majority  of  the  electors  thereof  at  a  public  election 
held  as  prescribed  by  law. 

The  term  "incur  debt."  as  used  in  this  section,  shall  include  an  in- 
currence of  new  indebtedness,  an  extension  of  the  maturity  of  a  debt, 
n  deferment  of  the  payment  of  a  debt,  a  change  in  the  form  of  a  debt, 
and  an  assumption  of  a  debt. 

A  debt  shall  be  deemed  to  be  incurred  at  the  time  the  obligation 
to  pay  is  entered  into  or  the  contract  to  extend.  <lefer,  change  or 
assume  an  existing  debt  is  made. 

Corrfspondiiis  iirovisioiis  in — 

ronsti1utii>ii  of  1874,  Art.  IX,  .sees.  8  (Amended  1011  ;ind  101.5).  1.5. 


Duration  and  Payment  of  Debts. 

Section  18.  A  municipality  .'^hall  not  incur  a  debt  maturing  more 
than  fifty  years  thereafter.  The  aggregate  amount  of  principal  and 
interest  payable  in  respect  of  a  debt  in  any  year  shall  not  be  less  than 
the  amount  payable  in  any  later  year  unless  the  sinking  fund  method 
of  amortization  is  authorized  by  laAv.  Such  sinking  fund  shall  be 
sufficient  to  ]»ay  the  accruing  interest  on  such  debt  and  annually  to 
reduce  the  princi]ial  by  a  sum  not  less  than  thi-ee  per  centum  of  such 
principal.  The  mouey  in  such  sinking  fund  shall  l)e  invested  in  the 
bonds  of  the  Tnited  States,  of  the  state  goveinment  or  of  a  munici- 
pality thereof. 


CONSTITUTIONAL  A^MKXDMENT   ANT)   REVISION.  73 

Art.  XIII,  Sees.  19,  20,  21,  22,  23 

On  or  before  iiicurring  a  debt  by  borrowing  money,  the  niiiuicjpality 
shall  provide  for  tlie  collection  of  an  annual  tax  sufficient  to  pay  the 
principal  and  interest  as  they  fall  due. 

(^^oiTfsitoiulin,!*'  provisions  in — 

Constitnliou  of  1S74.   Art.  IN,   .scivs.  8   ( AniiMulcd  1!)11  and  1935),   30,   15; 
Art.  XV,  sec.  3. 

Debts  Other  Than  for  Money  Borrowed. 

Section  19.  A  municipality  shall  not  incur  a  debt  otherwise  than 
by  the  borroAving  of  money  unless  there  has  been  an  appropriation 
to  pay  the  debt. 

CoiTespoudiug  provisions  in — 

Constitution  of  1874,   Art.  XV,  sec.  2. 

Municipalities  Not  to  Pledge  Credit. 

Section  20.  A  municipality  shall  not  pledge  or  lend  its  credit  to 
a  corporation,  association  or  individual  and  shall  not  be  a  stock- 
holder or  owner  in  a  corpoi'ation  or  association.  Except  to  discharge 
municipal  liabilities,  it  shall  not  appropriate  money  to  assist  a  private 
business  enterprise. 

The  provisions  of  this  section  shall  not  be  construed  to  apply  to 
the  lease  by  a  municipalit}^  to  a  corporation  of  a  public  service  facility 
for  a  rental  dependent  on  the  earnings  of  the  lessee  if  the  corporation 
covenants  to  operate  the  facility  and  an  agency  created  by  law  to 
regulate  fjublic  utilities  approves  the  lease. 

Corrospondins'  provisions  in — 

Constitution  of  1838.    Art.  XI,   sec.  7   (Amended  1857). 
Constitution  of  1874,    Art.  IX,    sec.    7. 

Special  Commissions  Prohibited. 

Section  21.  No  law  shall  delegate  to  a  special  commission,  corpora- 
tion or  association  power  to  perform  a  municipal  function  or  to  make, 
supervise  or  interfere  with  a  municipal  improvement,  or  with  munici- 
pal property  or  money,  whether  held  in  trust  or  otherwise. 

Corresponding  provisions  in — 

Constitution  of  1874,  Art.  Ill,   sec.  20. 

Assessments  of  Benefits  for  Public  Improvements. 

Section  22.  Laws  may  be  enacted  authorizing  assessments  against 
properties  which  are  specially  and  particularly  benefited  by  public 
improvements  made  by  the  state  government  or  by  a  municipality, 
Avhether  or  not  such  properties  abut  upon  such  public  improvements. 

Extent  of  Land  Permitted  to  be  Taken  for  Public  Improvements. 

Section  2o.  When  the  public  purpose  for  which  land  is  taken  can 
best  be  attained  by  acquiring  more  land  than  the  state  government 
or  the  municipality  ]U'oi)oses  to  retain,  the  state  government  or  the 


74  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sees.  24,  25,  26,  27;    Art.  XIV,  Sec.   1 

municipality,  subject  to  regulations  prescribed  by  law,  may  take  all 
the  land  which  in  its  judgment  is  needed  for  the  attainment  of  such 
purpose  and  may  dispose  of  portions  thereof,  subject  to  restrictions 
protective  of  the  public  purpose. 

Zoning  of  Municipalities. 

Section  24.  Municipalities  may  be  authorized  by  law  to  promote 
the  general  welfare  by  regulating  the  location,  size  and  use  of  build- 
ings. For  the  purpose  of  such  regulations,  a  municipality  may  divide 
its  territory  into  districts,  to  each  of  which  special  regulations  may 
be  applied. 

Contracts  Between  Municipalities. 

Section  25.  A  municipality  may,  as  prescribed  by  law,  contract 
with  one  or  more  municipalities  for  the  joint  acquisition,  construc- 
tion, maintenance,  supervision  or  operation  of  public  property,  for 
the  creation  of  agencies  to  effect  any  of  such  purposes,  and  for  the 
creation  of  such  agencies  as  may  be  mutually  agreed  upon  for  the 
good  government  of  the  municipalities.  Such  agencies  shall  not  levy 
taxes  or  borrow  mone}'.    Every  such  contract  shall  name  arbitrators. 

Street  Passenger  Railways  in  Cities,  Boroughs  or  Townships. 

Section  26.  A  street  passenger  railway  shall  not  be  constructed 
in  a  city,  borough  or  township  except  with  the  consent  of  the  munici- 
pality. 

The  provisions  of  this  section  shall  not  be  construed  to  permit  a 
restriction  on  the. power  of  the  state  government  to  regulate  the 
operation  of  such  a  railway. 

Corresponding  provisions  in — 

Constitution  of  1874.   Art.  XVII,    soc.  9. 

One  Place  of  Paying  Taxes  in  Cities  and  Boroughs. 

Section  27.  Laws  shall  be  enacted  to  enable  a  taxpayer  in  eadi 
city  and  borough  to  pay  all  muuieii)ai  taxes  at  one  office. 


ARTICLE  XIV. 
AMENDMENT  AND  REVISION. 

Amendments. 

Section  1.  An  amendment  to  this  constitution  may  be  proposed 
in  the  general  assembly.  If  agreed  to  by  a  majority  of  the  members 
elected  to  each  house,  it  shall  be  entered  on  the  journals  Avith  the 
names  of  the  members  voting  for  and  of  those  voting  against,  and 


CONSTITU'noXAL   AMKXI^MENT  AND  REVISION.  75 

Art.  XIV,  Sec.  2;    Concl.  Sec. 

the  secretary  of  the  commonwealth  shall  cause  it  to  be  published 
once  a  week  for  four  weeks  immediately  preceding  the  next  general 
election  in  at  least  two  newspapers  in  every  county  in  which  news- 
papers shall  be  published.  If  it  shall  be  likewise  agreed  to  by  the  next 
general  assembly,  the  secretary'  of  the  commonwealth  shall  cause  it  to 
be  published  in  "^the  manner  aforesaid  for  four  week  immediately  pre- 
ceding the  first  general  or  municipal  election  which  shall  first  occur 
not  less  than  three  months  after  such  agreement,  and  it  shall  be 
submitted  at  such  election  to  the  electors  of  the  commonwealth  in 
such  manner  as  the  general  assembly  shall  prescribe.  If  it  shall  be 
approved  by  a  majority  of  the  electors  voting  thereon,  it  shall  be- 
come a  part  of  the  constitution.  When  two  or  more  amendments 
are  submitted  to  the  electors  at  the  same  time,  they  shall  be  voted 
upon  separately. 

Corresponding  provisions  in- — 

Constitution  of  1776,  sec.  47. 
Constitution  of  1838,  Art.  X. 
Constitution  of  1874,  Art.  XVIII. 

Constitutional  Conventions. 

Section  2.  The  general  assembly  may  recommend  to  the  electors 
of  the  commonwealth  to  vote  for  or  against  a  convention  for  the 
framing  of  a  new  constitution  or  of  amendments  to  this  constitu- 
tion or  of  a  revision  thereof.  Such  convention  shall  be  held  only 
with  the  approval  of  a  majority  of  the  electors  voting  on  the  ques- 
tion. It  shall  be  composed  of  delegates  chosen  by  the  electors  of 
the  commonwealth.  The  new  constitution,  the  amendments  or  the 
revised  constitution  proposed  by  the  convention  shall  become  effec- 
tive only  when  ratified  by  a  majority  of  the  electors  of  the  common- 
wealth voting  thereon.  The  times  and  methods  of  such  voting  and 
election  and  the  composition  of  the  convention  shall  be  determined 
by  the  general  assembly  with  the  consent  of  a  majority  of  the  mem- 
bers elected  to  each  house. 


CONCLUDING  SECTION. 

Wherever  a  term  in  the  masculine  form  is  used  in  this  constitution, 
it  refers  to  men  and  women  alike. 


(7<J) 


EXHIBIT  A. 


RULES  OF  STYLE. 
Used  in  Drafting  the  Proposed  Constitution. 


(77) 


M 


(78) 


EXHIBIT  A. 
RULES  OF  STYLE 

Used  in  Drafting  tlie  Proposed  Constitution. 

-  The  commission  has  been  very  carefnl  to  state  the  proposed  con- 
stitution in  the  most  accurate  language  possible.  The  need  of  ex- 
pressing both  new  provisions  and  old  in  an  accurate  and  uniform 
style  is  apparent  even  to  a  casual  student  of  the  subject.  In  draft- 
ing new  provisions  the  commission  was  confronted  at  the  outset 
with  the  necessity  of  adopting  uniform  phraseology.  To  produce 
entire  uniformity  throughout  the  whole  constitution  it  has  been 
necessary  in  many  instances  to  change  the  language  of  the  present 
constitution  even  where  no  change  has  been  made  in  the  substance. 
Onlj'  a  precise  and  uniform  use  of  words  and  an  orderly  arrange- 
ment of  material  can  present  a  number  of  related  principles  and 
rules  in  such  a  way  as  to  avoid  confusion. 

Except  in  the  Bill  of  Eights  which  is  unchanged  in  substance  and 
in  form  the  Commission  have  followed  the  following  rules  of  style: 

Rule  I.  A  word  or  phrase  should  have  a  single  meaning  through- 
out the  whole  constitution ;  and,  conversely,  an  idea  or  thing  should 
always  be  expressed  by  the  same  word  or  phrase. 

Examples : 

1.  State. — The  territory  included  within  the  boundaries  of 
Pennsylvania. 

2.  Commonivealth. — The  residents  of  the  state  as  a  political 
and  social  unit. 

Note:  In  the  present  constitution  the  words  "state"  and 
"commonwealth"  are  used  interchangeably. 

3.  Mumcipality. — Defined  in  article  XIII,  section  1  as  "coun- 
ties, states,  boroughs,  townships,  school  districts,  poor  districts 
and  other  divisions  of  the  commonwealth  for  the  purpose  of 
local  government." 

4.  State  government. — All  government  dealt  with  in  the  con- 
stitution except  that  of  municipalities. 

5.  Enact. — To  make  law. 

Note:  In  the  present  constitution  the  words  "pass"  and 
"enact"  are  used  interchangeably. 

G.  Corporation. — An  association  having  any  of  the  powers 
or  privileges  usually  conferred  upon  private  corporations.  The 
word  is  not  used  to  denote  a  municipality. 

( 79 ) 


80  REPORT  OF  THE  (•(JMMISSION  ON 


7.  Branch. — Cue  of  the  three  divisions  of  the  state  govern- 
ment, e.  g.  the  legislative  branch. 

8.  General  assembly . — The  senate  and  the  house  of  repre- 
sentatives. 

Note:  In  the  present  constitution,  '"general  assembly"  and 
"legislature"  are  used  interchangeably. 

.9.     LaiD. — Statutory  law  enacted  by  the  state  government. 

10.  Prescribed  by  laiv. — Provided,  regulated  or  prescribed  by 
statutory  law. 

11.  No  laio  shall. — This  takes  the  place  of  such  expressions 
as  "no  law  shall  ever  be  made,"  "no  law  shall  be  passed,"  and 
"the  general  assembly  is  hereby  prohibited." 

12.  LaiDS  shall  (may)  be  enacted. — These  expressions  take  the 
place  of  such  expressions  as  "the  general  assembly  shall  pro- 
vide by  law,"  and  "the  general  assembly  may  enact  laws." 

13.  When  this  constitution  becomes  effective. — The  date  upon 
which  the  constitution  by  its  own  provisions  is  to  become  effec- 
tive. 

14.  Officer. — This  word  does  not  include  members  of  the  gen- 
eral assembly.  When  these  are  intended  to  be  included  they  are 
specially  mentioned,  as  in  article  VII,  section  3  of  the  constituti- 
tution  as  proposed.  The  word  "officer"  does  include  judges,  as 
ar>i)ears  b}^  article  VII,  section  7  of  the  constitution  as  pro- 
posed in  which  reference  is  made  to  elected  officers  of  the  state 
government  "except  judges."  Such  expressions  as  "officers  of 
the  commonwealth"  have  been  avoided  by  the  use  of  language 
which  will  make  it  clear  whether  it  is  intended  to  include  of- 
ficers of  rauuicipalities  or  officers  of  the  state  government  only. 

The  difference  between  an  officer  and  an  employe  is  a  differ- 
ence of  degree  only.  It  is  therefore  impossible  to  define  the 
word  "officer"  so  as  clearh^  to  distinguish  it  froui  employe.  As 
under  the  present  constitution  it  Avill  l)e  necessiiry  for  the  courts 
to  decide,  where  the  constitution  plainly  describes  a  position  as 
an  "office,"  whether  a  public  servant  is  an  officer  or  simply  an 
employe. 

15.  Office  or  place  of  trust  or  profit . — This  expression  includes 
all  public  positions  except  membership  in  the  congress  or  in  the 
general  assembly,  both  of  which  are  specially  mentioned  when 
intended  to  be  included.  In  a  number  of  instances  the  difficulty 
of  drawing  the  line  between  an  officer  and  an  employe  has  been 
avoided  by  using  Ihe  comprehensive  expression  "office  or  place 
of  trust  or  profit"  to  cover  both. 

Rule  II.     Unnecessary   language   should  be  eliminated. 
Exa  mples : 

1.  Emphasizing  words  or  expressions  are  omitted  in  connec- 
tion with  absolute  i>ermissions  or  prohibitions.  This  avoids  the 
use  of  the  words  "all"  and  "any"  in  many  instances  and  avoids 


CONSTITUTIONAL  AMENDMENT  AND   REVISION.  SI 


the  use  of  such  words  and  expressions  as  "in  any  way,"  "ever" 
and  "never." 

2.  In  many  instances  a  section  or  sentence  of  the  present 
constitution  has  been  re-written  so  as  to  present  the  thonglit 
in  fewer  words.    Compare  for  instance: 

Article   V,   section   2   of   the   constitution   as   proposed   witli 

article  V,  section  2  of  the  present  constitution. 
Article  VI,   section  3  of  the  constitution  as  proposed   witli 

article  VIII,  section  6  of  the  present  constitution. 
Article  IX,  section  8  of  the  constitution  as  proposed  witli 
article  III,  section  24  of  the  present  constitution. 

Rule  III.  Related  provisions  should  be  grouped  together  so  far 
as  possible. 

1.  Article  VII  of  tlie  constitution  as  proposed  includes  matter 
with  respect  to  public  servants  now  found  in  articles  II,  III,  IV, 
V,  VI,  VII,  VIII  and  XII.      '  , 

2.  Article  XI II  of  the  constitution  as  proposed  is  a  new 
article  including  all  matter  both  new  and  old  with  respect  to 
municii)alities. 

Rule  lY.  An  orderly  arrangement  of  sentences,  sections  and 
articles  should  be  followed  and  where  possible,  the  arrangement  of 
sentences  and  sections  should  follow  the  order  of  time. 

Examples : 

1.  In  article  IV,  the  sections  covering  various  subject  mat- 
ters are  arranged  in  the  following  order: — (1)  Vesting  executive 
power;  (2)  governor;  (3)  lieutenant-governor;  (4)  vacancv  in 
office  of  governor  or  lieutenant-governor;  (5)  secfetarv  of  the 
commonwealth;  (G)  secretary  of  internal  affairs;  (7)  auditor 
general  and  state  treasurer;  (8)  state  contracts;  (9)  seal  ;ind 
commissions. 

2.  Article  III,  section  6  has  been  re-written  so  as  to  state  the 
required  proceedings  in  chronological  order. 


M 


(82) 


EXHIBIT  B. 


PROPOSED  CONSTITUTION 

And  Corresponding  Provisions  of  Present  Constitution  in 
Parallel  Columns 


(83) 


(84) 


ARTICLE  I. 
DECLARATION  OF  RIGHTS. 


NOTE. 
The   Commission  recommend   tliat  the  Declaration   of  Eight:-;   be 
;i(lo])ted  witliont  cliaiige.     The  text  will  he  foniul  in  the  Proposed  Coii- 
stitution.  Part  II  of  the  report  of  the  Commission. 


(  85  ) 


66 


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CONSTITUTIONAL  AMENDMENT  AND  REVISION.  103 

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CONSTITUTIONAL  AMENDMENT  AND  REVISION.  151 

3i!otii!lr^^:i  liir^l   III  I 

g.  ;^  -0  t^    =^    ;.    .     -3  ^    ^  ■§  2    g  -^         iLH    oT  .^  T^    o    g  o    «2    o    o 

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152 


REPORT  OF  THE  COMMISSION  ON 


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CONSTITUTIONAL  AMENDMENT  ANL»  REVISION.  153 

-(-'     1-^     rrt      ^  O      .V  Z3      '^ 


§3  3  .2  .2       --^  J;  o  g  o 

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REPORT  OF  THE  COMMISSION  ON 


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CONSTITUTIONAL  AMENDMENT  AND  REVISION.  155 

c  ^  ^  .A  ^  fi  ^  d  B  %  0   ^  '^  .^  -^  '^  ■^'  -i  ^       S^i=^ 

a  §  I  .^  -S  -S  .2  I  S  I  -§  ^  ^  ^  --t^     1 1^  ^  K  ^«- 


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a 


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156 


REPORT  OF  THE  COMMISSION  ON 


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CONSTITUTIONAL  AMENDMENT  AND  REVISION.  157 

rdOJO  -*^     u     m  P'^.S'^ti 

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c   g   g    (D   CO        >, 

i"-.s         "is         "11!  til 


158 


REPORT  OF  THE  COMMISSION  ON 


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CONSTITUTIONAL  AMENDMENT  AND  REVISION.  159 

P^  '=^  -^    bD  ..    °    '-    ■■      -  ..    .,    - 


03    ;3    M 

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CONSTITUTIONAL  AB^ENDMENT  AND  REVISION.  177 


o 


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CONSTITUTIONAL  AMENDMENT  AND  REVISION. 


179 


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CONSTITUTIONAL  AMENDMENT  AND  REVISION.  181 

1 1  ^  §  a-g  S  2  I  §  :S  :|  ^  S  ;^  I      -^  I  -I  ^  ^  -S^S  -  .2 


^^^§.|S||g|  ^|1g|^     Hirst's  Is 


^  ^  ^  ^1  g  1 2|  :^  ^  I  .a :  o  *  S  ^  ^^  III  .^^  8  ^  ^. 

I  I   g  ^    ^  g   I   S  :^  I   g   g   ^  I  J    .  ^^  -J   ^   o   -   1^  ^  -S   I 


^  "^  g  .g  I  •?  ?  I  ^  -g  ^  1^  ;  ^  g  -  o  .  g  ^  |.    1 1  o 
ligg|-^||§|i|tl"l^^^§-^l^i^ 

t;:ptS^.SQQn3Sa43fSc^p;3g+3a         g:p-niL,ceoojce 

«.g55^.g      S'^      «^-^^S:saa;a"-Si      ^ 


Sfl+^t;^«o;a         2'2^^a^-aoOfeao^a        "^   w 
S^a3a;t^-2-§      .g^l-SI^Sd^^^g-^-o^-^         'gg 


182 


REPORT  OF  THE  COMMISSION  ON 


G 
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c 
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d 
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02 


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a    c3 


02 


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If. 

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3 
rt  .2 

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ft 


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CONSTITUTIONAL  AMENDMENT  AND  REVISION.  183 

^      g-P  2  ^  t  3-53  5  S  i  ^  ^'§.9  §  l^i  "-l-^l  a 

^    ^  ^  ^  .1^  i  1 1 II I  -I  ^  g  I  ^  S  ;  ^  ^  2 ' 


sc^  '"coOii^H      ^ow      ^vd 


o<    CJ    +J     O 


;-l 


g  I  0,  -  o  -s  ^  -S   S  II   §  •-  I  ^    I  'S  1  I   .«  -  -g   - 

is  ._j  ~  ad        ^        O        O         ^v        ^        ?^        _.                                -4J        '-I        S         — <                   r.»-l        d      54—1 

^  -^  -3  fl  C          2    o  -2 

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be 


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1=1    a    a  a    S  *!::!         -^ 


184 


REPORT  OF  THE  COMMISSION  ON 


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CONSTITUTIONAL  AMENDMENT  AND  REVISION. 


185 


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REPORT  OF  THE  COMMISSION  ON 


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EXHIBIT  C. 


THE  PROPOSED  CONSTITUTION. 

with  a  note  to  each  section  giving  the  text  of  the  corresponding  pro- 
visions of  the  present  constitution  and  an  explanation  of  any  changes 
of  substance  and  clarifying  changes. 


(  1!)1  ) 


(192) 


EXHIBIT  C. 

THZ  PROPOSED  CONSTITUTION 

with  a  note  to  each  section  giving  the  text  of  the  corresponding  pro- 
visions of  the  present  constitution  and  an  explanation  of  any  changes 
of  substance  and  clarifving  changes. 


ARTICLE  I. 
DECLARATION  OF  RIGHTS. 


Note. 


The  Commission  recommend  that  the  Declaration  of  Rights  be 
adopted  without  change.  The  text  will  be  found  in  Part  II  of  the 
Report  of  the  Commission. 


ARTICLE  II. 
THE  GENERAL  ASSEMBLY. 


Preliminary  Note. 

Source:     Article  II. 

Arrangement:     The  order  of  subjects  is  as  follows: 

Vesting  of  legislative  power — section  1. 

Senatorial  and  legislative  districts — sections  2,  3,  4. 

Qualifications,  election  and  term  of  members — sections  5,  6. 

Compensation  and  privileges  of  members — sections  7,  8. 

Dates  of  sessions — section  9, 

Quonim  and  powers  of  each  house — sections  10,  11. 

Choice  and  compensation  of  officers — sections  12,  13. 

Keeping  of  journals — section  14. 

Open  sessions — section  15. 

Adjournment — section  16. 

(193) 
13 


194  REPORT  OF  THE  COMMISSION  ON 

Art.  II,  Sees.  1,  2,  3 

Legislative  Power. 

1  Section  1.     The  legislative  power  of  the  commonwealth  shall 

2  be  vested  in  a  general  assembly  which  shall  consist  of  a  senate 

3  and  a  house  of  representatives. 

Note. 
Source:     Article  II,  section  1: 

"The  legislative  power  of  this  commonwealth  shall  be 
vested  in  a  general  assembly  which  shall  consist  of  a  senate 
and  a  house  of  representatives." 

Changes  in  Substance:     None. 

Changes  in  Stjde:  "This"  has  been  changed  to  "the"  because 
throughout  the  constitution  as  proposed  the  expression  "the 
commonwealth"  is  employed. 


Legislative  Apportionment. 

1  Section  2.     At  the  first  session  of  the  general  assembly  after 

2  this  constitution  becomes  effective  and  at  the  first  session  of 

3  general  assembly  after   each   United   States   decennial    census, 

4  the  state  shall  be  divided  by  law  into  senatorial  and  represeuta- 

5  five  districts. 

Note. 
Source:     Article  II,  section  18: 

"The  general  assembly  at  its  first  session  after  the  adop- 
tion of  this  constitution,  and  immediately  after  each  United 
States  decennial  census,  shall  apportion  the  state  into  sena- 
torial and  representative  districts  agreeably  to  the  provi- 
sions of  the  two  next  preceding  sections." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Senatorial  Districts. 


1  Section  3.     The   state  shall  be  divided   into  fifty  senatorial 

2  districts  of  compact  and  contiguous  territory  as  nearly  equal  in 

3  population  as  may  be,  and  each  district  shall  be  entitled  to  elect 

4  one  senator.    The  senatorial  ratio  shall  be  obtained  by  dividing 

5  the  whole  population  of  the  state,  as  ascertained  by  the  most 
G  recent  United  States  decennial  census,  by  the  number  fifty.     A 

7  county  containing  one  or  more  ratios  of  population  shall  be  en- 

8  titled  to  one  senator  for  each  ratio,  and  to  an  additional  senator 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  195 

Art.  II,  Sec.  4 

9  for  an  excess  of  population  exceeding  three-fifths  of  a  ratio.    No 

10  county  shall  form  a  separate  district  unless  it  shall  contain  four- 

11  fifths  of  a  ratio,  except  where  the  adjoining  counties  are  each 

12  entitled  to  one  or  more  senators,  when  such  county  may  be  as- 

13  signed  a  senator  on  less  than  four-fifths  and  exceeding  one-half 

14  of  a  ratio.    Xo  county  shall  be  divided  unless  entitled  to  two  or 

15  more  senators.    No  city  or  county  shall  be  entitled  to  separate 

16  representation  exceeding  one-sixth  of  the  whole  number  of  sen- 

17  ators.     No  ward,  borough  or  township  shall  be  divided  in  the 
IS  formation  of  a  district. 

Note. 
Source:     Article  II,  section  16: 

"The  state  shall  be  divided  into  fifty  senatorial  districts 
of  compact  and  contiguous  territory  as  nearly  equal  in 
.  population  as  maj^  be,  and  each  district  shall  be  entitled  to 
elect  one  senator.  Each  county  containing  one  or  more 
ratios  of  population  shall  be  entitled  to  one  senator  for  each 
ratio,  and  to  an  additional  senator  for  a  surplus  of  popula- 
tion exceeding  three-fiftbs  of  a  ratio,  but  no  county  shall 
form  a  separate  district  unless  it  shall  contain  four-fifths 
of  a  ratio,  except  where  the  adjoining  counties  are  each 
entitled  to  one  or  more  senators,  when  such  county  may  be 
assigned  a  senator  on  less  than  four-fifths  and  exceeding 
one-half  of  a  ratio ;  and  no  county  shall  be  divided  unless 
entitled  to  two  or  more  senators.  No  city  or  county  shall 
be  entitled  to  separate  representation  exceeding  one-sixth 
of  the  whole  number  of  senators.  No  ward,  borough  or  town- 
ship shall  be  divided  in  the  formation  of  a  district.  The 
senatorial  ratio  shall  be  ascertained  by  dividing  the  whole 
population  of  the  state  by  the  number  fifty." 

Changes  in  Substance:     None. 

Clarifying  Changes:  The  words  "as  ascertained  by  the  most 
recent  United  States  decennial  census''  have  been  added  to 
avoid  any  possibility  of  dispute  in  regard  to  the  number  of 
persons  in  the  state,  and  also  to  make  the  provision  in  re- 
gard to  senatorial  districts  correspond  to  the  provisions 
of  section  4  of  this  article,  relating  to  the  division  of  the 
state  into  representative  districts. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Representative  Districts, 

1  Section  4.     The  members  of  the  house  of  representatives  shall 

2  be  apportioned  among  the  several  counties,  on  a  ratio  obtained 
8  by  dividing  the  population  of  the  state  as  ascertained  by  the  most 
4    recent  United  States  decennial  census  by  the  number  two  hun- 


196  REPORT  OF  THE  COMMISSION  ON 

Art.  II,  Sec.  5 

5  dred.    A  county  containing  less  than  five  ratios  shall  have  one 

6  representative  for  each  full  ratio,  and  an  additional  representa- 

7  tive  when  the  excess  exceeds  half  a  ratio ;  but  each  county  shall 

8  have  at  least  one  representative.    A  county  containing  five  ratios 

9  or  more  shall  have  one  representative  for  each  full  ratio.     A 

10  city  containing  a  population  equal  to  a  ratio  shall  elect  sep- 

11  arately   its   proportion   of   the   representatives   allotted    to   the 

12  county  in  which  it  is  located.    A  city  entitled  to  more  than  four 

13  representatives  and  a  county  having  over  one  hundred  thousand 

14  inhabitants  shall  be  divided  into  districts  of  compact  and  con- 

15  tiguous  territory.    A  district  shall  elect  its  proportion  of  repre- 

16  sentatives  according  to  its  population,  but  no  district  shall  elect 

17  more  than  four  representatives. 

Note. 
Source:     Article  II,  section  17: 

"The  members  of  the  house  of  representatives  shall  be 
apportioned  among  the  several  counties,  on  a  ratio  obtained 
by  dividing  the  population  of  the  state  as  ascertained  by  the 
most  recent  United  States  census  by  two  hundred.  Every 
county  containing  less  than  five  ratios  shall  have  one  repre- 
sentative for  every  full  ratio,  and  an  additional  representa- 
tive when  the  suii^lus  exceeds  half  a  ratio ;  but  each  county 
shall  have  at  least  one  representative.  Every  county  con- 
taining five  ratios  or  more  shall  have  one  representative  for 
every  full  ratio.  Every  city  containing  a  population  equal 
to  a  ratio  shall  elect  separately  its  proportion  of  the  repre- 
sentatives alloted  to  the  county  in  which  it  is  located.  Every 
city  entitled  to  more  than  four  representatives,  and  every 
county  having  over  one  hundred  thousand  inhabitants  shall 
be  divided  into  districts  of  compact  and  contiguous  territory, 
each  district  to  elect  its  proportion  of  representatives  ac- 
cording to  its  population,  but  no  district  shall  elect  more 
than  four  representatives. 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Qualifications  of  Members. 

1  Section  5.     A  senator  shall  be  at  least  twenty-five  years  of 

2  age  and  a  representative  shall  be  at  least  twenty-one  years  of 

3  age.     Each  shall  have  been  a  citizen  of  the  commonwealth  and 

4  a  resident  of  the  state  for  four  years  and  a  resident  of  his  dis- 

5  trict  for  one  year  next  before  his  election,  unless  absent  on  the 
G  public  busines's  of  the  United  States,  of  the  state  government  or 

7  of  a  municipality  of  the  commonwealth.     He  shall  reside  in  his 

8  district  during  his  term  of  service. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  197 

Art.  II,  Sec.  6 

Note. 
Source:     Article  II,  section  5: 

"Senators  shall  be  at  least  tweuty-five  years  of  age  and 
representatives  twentj-one  years  of  age.  They  shall  have 
been  citizens  and  inhabitants  of  the  state  four  years,  and 
inhabitants  of  their  respective  districts  one  year  next  before 
their  election  (unless  absent  on  the  public  business  of  the 
United  States  or  of  this  state),  and  shall  reside  in  their 
respective  districts  during  their  term  of  service." 

Changes  in  Substance:     None. 

Clarifj'ing  Change:  Under  the  present  constitution  it  is  not 
clear  whether  the  absence  on  public  business  referred  to  in 
section  5  includes  not  only  public  business  of  the  state  gov- 
ernment, but  also  public  business  of  a  municipality.  For  in- 
stance, if  a  man  had  been  for  some  years  in  Europe  investi- 
gating highway  conditions  for  the  city  of  Pittsburgh,  would 
he  be  eligible  to  the  general  assembly?  The  proposed  form 
answers  this  question  in  the  affirmative. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Election  and  Terms  of  Members. 

1  Section  G.     Members  of  the  general  assembly  shall  be  chosen 

2  at  the  general  election.     Their  terms  of  service  shall  begin  on 

3  the  first  day  of  December  after  their  election.     Senators  shall 

4  serve  for  four  years  and  representatives  for  two  years.    When  a 

5  vacancy  shall  occur  in  either  house,  the  presiding  officer  thereof 

6  shall  issue  a  writ  of  election  to  fill  such  vacancy  for  the  re- 

7  mainder  of  the  term. 

Note. 
Source:     (1)     Article  II,  section  2: 

"Members  of  the  general  assembly  shall  be  chosen  at  the 
general  election  every  second  year.  Their  term  of  service 
shall  begin  on  the  first  day  of  December  next  after  their 
election.  Whenever  a  vacanc}'^  shall  occur  in  either  house, 
the  presiding  oificer  thereof  shall  issue  a  writ  of  election 
to  fill  such  vacancy  for  the  remainder  of  the  term." 

(2)     Article  II,  section  3: 

"Senators  shall  be  elected  for  the  term  of  four  years  and 
representatives  for  the  term  of  two  years." 

Changes  in  Substance:     None. 

Changes  in  Style:  The  provisions  of  Article  II,  section  3  of  the 
present  constitution  in  regard  to  length  of  service  have  been 
incorporated  in  this  section,  so  that  all  matters  pertaining  to 
terms  shall  be  treated  in  one  section. 


198  REPORT  OF  THE  COMMISSION  ON 

Art.  II,  Sees.  7,  8 

Compensation  of  Members. 

1  Section  7.     Ttie  iiienibers  of  the  general  assembly  shall  receive 

2  salary  and  mileage  i'or  regular  and  special  sessions  as  prescribed 

3  by  biw  and  no  other  compensation,  whether  for  services  upon 

4  committee  or  otherwise,     ^o  member  of  the  general  assembly 

5  shall,  dnriiig  the  term  for  which  he  has  been  elected,  receive  an 
()  increase  of  salary  or  mileage  allowance  under  a  law  enacted  dur- 
7  ing  such  term. 

Note. 
Source:     Article  II,  section  8: 

"The  members  of  the  general  assembly  shall  receive  such 
salary  and  mileage  for  regular  and  special  sessions  as  shalj 
be  fixed  bj-  law,  and  no  other  comitensation  whatever, 
whether  for  services  upon  committee  or  otherwise.  Xo  mem- 
ber of  either  house  shall  during  the  term  for  which  he  may 
have  been  elected,  receive  any  increase  of  salary,  or  mileage, 
under  any  law  passed  during  such  term." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Privileges  of  Members. 

1  Section  8.     A  member  of  the  general  assembly  shall  be  privi- 

2  leged  from  arrest  during  attendance  at  the  sessions  thereof  and 

3  in  going  to  and  returning  from  the  same,  except  in  cases  of 

4  treason,  felony,  violation  of  his  oath  of  office  and  breach  or 

5  surety  of  the  peace.  •  For  a  speech  or  debate  in  the  general  as- 

6  sembly  he  shall  not  be  questioned  in  any  other  place. 

Note. 
Source:     Article  II,  section  15: 

"The  members  of  the  general  assembly  shall  in  all  cases, 
except  treason,  felony,  violation  of  their  oath  of  office,  aud 
breach  or  surety  of  the  peace,  be  privileged  from  arrest  dur- 
ing their  attendance  at  the  sessions  of  their  respective  houses 
and  in  going  to  and  returning  from  the  same;  and  for  any 
speech  or  debate  in  either  house  they  shall  not  be  questioned 
in  any  other  place." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  199 

Art.  II,  Sees.  9,  10 

Times  of  Sessions. 

1  Section  9.     The  general  assembly  shall  meet  at  twelve  o'clock 

2  uoon,  on  the  lirst  Tuesday  of  January  in  each  odd-numbered  year 

3  and  at  other  times  when  convened  b}'  the  governor.    It  shall  hold 

4  no  adjourned  annual  session. 

Source:     Article  II,  section  4: 

Note. 

"'The  general  assembly  shall  meet  at  twelve  o'clock,  noon, 
on  the  first  Tuesday  of  January  every  second  year,  and  at 
other  times  when  convened. bj'  the  governor,  but  shall  hold 
no  adjourned  annual  session  after  the  year  one  thousand 
eight  hundred  and  seventy-eight.  In  case  of  a  vacancy  in 
the  office  of  United  States  senator  from  this  commonwealth, 
in  a  recess  between  sessions,  the  governor  shall  convene  the 
two  houses,  by  proclamation  on  notice  not  exceeding  sixty 
days,  to -fill  the  same." 

Changes  in  Substance:  The  provisions  of  the  17th  amendment 
of  the  constitution  of  the  United  States,  providing  for  the 
election  of  United  States  senators  by  the  people  have  ren- 
dered obsolete  the  provisions  in  Article  II,  section  4,  of  the 
l^resent  constitution  relating  to  convening  the  general  as- 
sembly for  the  purpose  of  electing  a  United  States  senator 
and,  therefore,  they  have  been  omitted. 

Changes  in  Style:  "Everj-  second  year''  has  been  changed  to 
''in  each  odd-numbered  year*'  for  the  sake  of  exactness. 


Quorums. 


1  Section  10,     In  each  house  a  majority  of  the  members  shall 

2  constitute  a  quorum.    A  smaller  number  may  adjourn  from  day 

3  to  day  and  compel  the  attendance  of  absent  members. 

Note. 
Source:     Article  II,  section  10. 

'"A  majority  of  each  house  shall  constitute  a  quorum,  but 
a  smaller  number  may  adjourn  from  day  to  day  and  compel 
the  attendance  of  absent  members." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


200  REPORT  OF  ITIE  COMMISSION  ON 

Art.  II,  Sees.  11,  12 

Powers  of  Each  House. 

1  Section  11.     Each  house  shall  have  power  to  make  its  rules 

2  of  procedure,  to  judge  of  the  election  and  qualifications  of  its 

3  members,  to  punish  lor  contempt  or  disorderly  behavior  in  its 

4  presence,  to  enforce  obedience  to  its  processes,  to  protect  its 

5  members  against  violence,  ohers  of  bribes  or  private  solicitation, 

6  and  by  a  vote  of  two-thirds  of  the  members,  to  expel  a  member, 

7  but  not  a  second  time  for  the  same  cause,  and  shall  have  all 

8  other  powers  necessary  for  the  legislature  of  a  free  common- 

9  wealth.    A  member  expelled  for  corruption  shall  not  thereafter 

10  be  eligible  to  either  house.     Punishment  for  contempt  or  dis- 

11  orderly  behavior  shall  not  bar  an  indictment  for  the  same  offense. 

Note. 
Source:     (1)     Article  II,  section  11: 

''Each  house  shall  have  power  to  determine  the  rules  of  its 
proceedings  and  punish  its  members  or  other  persons  for 
contempt  or  disorderly  behavior  in  its  presence,  to  enforce 
obedience  to  its  process,  to  protect  its  members  against  vio- 
lence or  offers  of  bribes  or  private  solicitation,  and  with  the 
concurrence  of  two-thirds,  to  expel  a  member,  but  not  a 
second  time  for  the  same  cause,  and  shall  have  all  other 
powers  necessary  for  the  legislature  of  a  free  state.  A 
member  expelled  for  corruption  shall  not  thereafter  be 
eligible  to  either  house,  and  punishment  for  contempt  or 
disorderly  behavior  shall  not  bar  an  indictment  for  the 
same  offense." 

(2)     Part  of  Article  II,  section  9: 

a*  *  *  Each  house  shall  *  *  *  judge  of  the  elec- 
tion and  qualificatious  of  its  members." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Choice  of  Officers. 


1  Section  12.     The  senate  shall,  at  the  beginning  and  at  the  close 

2  of  each  regular  session  and  at  other  necessary  times,  elect  one  of 

3  its  members  as  president  pro  tempore.    The  house  of  representa- 

4  fives  shall  elect  one  of  its  members  as  speaker.    Each  house  shall 

5  choose  its  other  officers. 

Note. 

Source:     Part  of  Article  II,  section  9: 

"The  senate  shall,  at  the  beginning  and  close  of  each 
regular  session  and  at  such  other  times  as  may  be  necessary, 
elect  one  of  its  members  president  pro  tempore,     »     *     *. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  201 

Art.  II,  Sees.  13,  14 

The  house  of  representatives  shall  elect  one  of  its  mem- 
bers as  speaker.    Each  house  shall  choose  its  other  officers, 

•     ♦     * }} 

Changes  in  Substance:     None. 

Changes  in  Style:  The  reference  to  the  duties  of  the  president 
pro  tempore  of  the  senate  has  been  omitted  because  covered 
by  Article  IV,  section  15  of  this  article. 

(2)     The  provisions  of  the  final  clause  have  been  trans- 
ferred to  section  11  of  this  article. 


Officers  and  Employes. 

1  Section  13.     The   officers  and  employes  of  each  house  shall 

2  have  active  duties  and  shall  be  selected  and  compensated  in 

3  pursuance  of  laws  j)rescribing  their  number,  duties  and  com- 

4  pensation. 

Note. 
Source:     Article  III,  section  10: 

''The  general  assembly  shall  prescribe  by  law  the  number, 
duties  and  compensation  of  the  officers  and  employes  of 
each  house,  and  no  payment  shall  be  made  from  the  state 
treasury,  or  be  in  any  way  authorized,  to  any  person,  except 
to  an  acting  officer  or  employe  elected  or  appointed  in  pur- 
suance of  law." 

Changes  in  Substance:     None. 

Clarifying  Changes:  The  language  of  the  present  constitution 
is  ambiguous.  Strictly  interpreted,  it  would  prevent  pay- 
ing money  out  of  the  state  treasury  to  anyone  except  to 
officers  and  employes  of  the  two  houses  of  the  general  as- 
sembly. The  Commission  have  re-worded  the  section  on 
the  assumption  that  it  is  intended  to  prevent  two  things: 
(a)  the  appointment  of  a  particular  person  by  special  law 
to  a  position  in  either  house;  (b)  the  appointment  of  and 
payment  of  salaries  to  inactive  officers  or  employes  of  either 
house. 

Changes  in  Stj'le:  The  Commission's  rules  of  style  have  been 
followed. 


Journals. 

1  Section  14.     Each  house  shall  keep  a  journal  of  its  proceed- 

2  ings,   and  shall  publish   so   much   thereof  as  shall  not  require 

3  secrecy.    At  the  request  of  two  members,  the  yeas  and  nays  on 

4  a  question  shall  be  entered  on  the  journal. 


202  REPORT  OF  THE  COMMISSION  ON 

Art.  II,  Sees.  15,  16 

Note. 
Source:     Article  II,  section  12: 

"Each  house  shall  keep  a  journal  of  its  proceedings  and 
from  time  to  time  publish  the  same,  except  such  parts  as 
require  secrecy,  and  the  yeas  and  nays  of  the  members  on 
any  question  shall,  at  the  desire  of  anj^  two  of  them,  be  en- 
tered on  the  journal." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Sessions  to  be  Open. 

1  Section  15.     The  sessions  of  each  house  and  of  committees 

2  of  the  whole  shall  be  open  unless  the  business  ought  to  be  kept 

3  secret. 

Note. 
Source:     Article  II,  section  13: 

"The  sessions  of  each  house  and  of  committees  of  the 
whole  shall  be  open,  unless  when  the  business  is  such  as 
ought  to  be  kept  secret." 

Changes  in  Substance:     None. 

Changes,  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Adjournments. 

1  Section  16.     Neither  house  shall,  without  the  consent  of  the 

2  other,  adjourn  for  more  than  three  days,  or  to  a  place  other 

3  than  that  in  which  the  two  houses  shall  be  sitting. 

Note. 
Source:     Article  II,  section  14: 

"Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  liave  been 
followed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  203 


Art.  Ill,  Sec.  1 

ARTICLE  III. 


LEGISLATION. 


Preliminary  Note. 

Source:     Article   III. 

Arrangement:     The  order  of  subjects  is  as  follows: 

Bills— sections  1,  2,  3,  4,  5,  6,  7. 

Form  of  laws — sections  8,  9,  10,  11. 

Budget  and  appropriations — sections  12,  13,  14,  15,  16. 

Governor's  approval  and  veto  of  bills — sections  17,  IS. 

Time  when  laws  shall  take  effect — section  19. 

Laws  prohibited— section  20. 

Laws  permitted — sections  21,  22. 

Laws  directed  to  be  enacted — sections  23,  24. 

Laws  permitted  at  special  sessions — section  25. 

Referendum  on  law  changing  capital — section  26. 


Method  of  Enacting  Lav;s. 
Section  1.     Laws  shall  be  enacted  by  bill  only. 

.    Note. 
Source:     Part  of  Article  III,  section  1: 

"No  law  shall  be  passed  except  by  bill,     *     *     *." 

Changes  in  Substance:     None. 

Changes  in  Style:  The  last  part  of  Article  III,  section  1,  of 
the  present  constitution,  referring  to  alteration  and  amend- 
ment of  bills,  has  been  transferred  to  section  5  of  this 
article. 

The  expression  "laws  shall  be  enacted"  is  employed 
throughout  the  constitution  as  proposed  because  it  more 
accurately  expresses  the  intended  meaning.  The  general 
assembly  passes  a  bill  embodying  a  proposed  law  but  the 
constitutional  provisions  in  respect  to  the  action  of  the  gov- 
ernor on  bills  have  to  be  fulfilled  bef(Tre  a  law  is  enacted. 


204  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sees.  2,  3,  4 

Bills  for  Raising  Revenue. 

1  Section  2.     Bills  for  raising  revenue  sliall   originate  in  the 

2  house  of  representatives.    The  senate  may  propose  amendments. 

Note. 
Source:     Article  III,  section  14: 

"All  bills  for  raising  revenue  shall  originate  in  the  house 
of  representatives,  but  the  senate  may  propose  amendments 
as  in  other  bills." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Printing  and  Reference  of  Bills. 

1  Section  3.     Before  consideration,  a  bill  shall  be  referred  to  a 

2  committee,  returned  therefrom,  and  printed  for  the  use  of  the 

3  members. 

Note. 
Source:     Article  III,  section  2: 

"No  bill  shall  be  considered  unless  referred  to  a  com- 
mittee, returned  therefrom,  and  printed  for  the  use  of  the 
members." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Member  Interested  in  Bill  Not  to  Vote. 

1  Section  4.     A   member  of  the   general   assembly   who  has   a 

2  private  interest  in  a  measure  or  bill  shall  disclose  the  fact  to 

3  the  house  of  which  he  is  a  member,  and  shall  not  vote  thereon. 

Note. 
Source:     Article  III,  section  33: 

"A  member  who  has  a  personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  general  as- 
sembly shall  disclose  the  fact  to  the  house  of  which  he  is 
a  member,  agd  shall  not  vote  thereon." 

Changes  in  Substance:     None. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  205 

Art.  Ill,  Sec.  5 

Clarifying  Change:  The  words  ''personal  or"  have  been  omitted 
because  they  do  not  help  to  express  the  plain  meaning  of  the 
section.  The  distinction  sought  to  be  made  is  between  pub- 
lic and  private  interests.  A  personal  interest,  as,  for  in- 
stance, a  personal  interest  in  a  particular  hospital  seeking 
an  appropriation,  is  not  objectionable,  and  it  was  not  the 
intent  of  the  section  that  a  member  should  expose  such  a 
personal  interest  to  the  house  of  which  he  is  a  member. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Amendments  and  Conference  Committee. 

1  Section  5.    An  amendment  to  a  bill  shall  be  printed  for  the 

2  use  of  the  members  before  the  final  vote  is  taken  on  the  bill. 

3  An  amendment  by  one  house  shall  be  concurred  in  b}'  the  other 

4  and  a  report  of  a  committee  of  conference  shall  be  adopted  by 

5  either  house  only  by  the  vote  of  a  majority  of  the  members  taken 
Q  by  yeas  and  nays.    The  names  of  the  members  voting  for  and  of 

7  those  voting  against  such  amendment  or  report  shall  be  entered 

8  on  the  journal.    A  bill  shall  not  be  so  altered  or  amended  on  its 

9  passage  through  either  house  as  to  change  its  original  purpose. 

Note. 
Source:     (1)     Part  of  Article  III,  section  4: 

a*  *  *  ^Y[  amendments  made  thereto  shall  be  printed 
for  the  use  of  the  members  before  the  final  vote  is  taken  on 
the  bill." 

(2)  Article  III,  section  5: 

''Xo  amendment  to  bills  by  one  house  shall  be  concurred 
in  by  the  other,  except  by  the  vote  of  a  majority  of  the 
members  elected  thereto,  taken  by  yeas  and  nays,  and  the 
names  of  those  voting  for  and  against  r-ecorded  upon  the 
journal  thereof;  and  reports  of  committees  of  conference 
shall  be  adopted  in  either  house  only  by  the  vote  of  a  ma- 
jority of  the  members  elected  thereto,  taken  by  yeas  and 
nays,  and  the  names  of  those  voting  recorded  upon  the  jour- 
nals." 

(3)  Part  of  Article  III,  section  1: 

a*  *  *  no  bill  shall  be  so  altered  or  amended,  on  its 
passage  through  either  house,  as  to  change  its  original  pur- 
pose." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rul^s  of  style  have  been 
followed. 


206  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sees.  6,  7 

Notice  of  Local  or  Special  Bills. 

1  Section  6.     At  least  thirty  days  before  the  introdnction  of  a 

2  local  or  special  bill,  notice  of  the  intention  to  introduce  the 

3  same  shall  be  published  in  the  locality  where  tlie  matter  or  thing 

4  to  be  allected  ^hall  be  situated.     No  such  bill  shall  be  finally 

5  acted  on  by  either  house  until  the  evidence  of  such  notice  having 

6  be-en  published  has  been  exhibited  therein.     Notice  shall  not  be 

7  required  of  the  intention  to  introduce  a  general  bill  for  the  re- 

8  peal  of  a  local  or  special  law. 

Note. 
Source:     Article  III^  section  8: 

"No  local  or  special  bill  shall  be  jjassed  unless  notice  of 
the  intention  to  apply  therefore  shall  have  been  published 
.  in  the  locality  where  the  matter  or  the  thing  to  be  aliected 
may, be  situated,  which  notice  shall  be  at  least  thirty  daj'S 
prior  to  the  introduction  into  the  general  assembly  of  such 
bill  and  in  the  manner  to  be  provided  by  law;  the  evidence 
of  such  notice  having  been  published  shall  be  exhibited  in 
the  general  assembly  before  such  act  shall  be  passed." 

Changes  in  Substance:  The  provision  that  "Notice  shall  not  be 
required  of  the  intention  to  introduce  a  general  bill  for  the 
repeal  of  a  local  or  special  law"  is  new.  The  Commission 
regard  the  requirement  in  the  present  constitution,  that 
notice  of  the  intention  to  introduce  a  bill  for  the  repeal  of 
a  local  or  special  law  shall  be  published  in  the  locality 
atfected,  as  unnecessary,  and  as  most  burdensome  when  the 
general  assembly  is  asked  to  adopt  a  general  revision  or 
compilation  of  the  laws  on  a  iiarticular  subject  including 
the  repeal  of  all  prior  enactments,  whether  local  or  general, 
relating  to  the  subject. 

Changes  in  Style:  The  section  has  been  re-written  so  that  the 
acts  mentioned  are  stated  in  the  order  in  which  they  are 
required  to  be  done. 


Final  Passage  of  Bills. 

1  Section  7.     Before  a  bill  shall  be  passed,  it  shall  be  read  at 

2  length  on  three  different  days  in  each  house ;  on  its  final  passage 

3  the  vote  shall  be  taken  by  yeas  and  nays,  the  names  of  the  mem- 

4  bers  voting  for  and  of  those  voting  against  shall  be  entered  on 

5  the  journals,  and  a  majority  of  the  members  elected  to  each 

6  house  shall  be  recorded  thereon  as  voting  in  its  favor. 

Note. 
Source:     Part  of  Article  III,  section  4: 

"Every  bill- shall  be  read  at  length  on  three  different  days 
in  each  house;     *     *     *     and  no  bill  shall  become  a  law, 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  207 

Art.  Ill,  Sees.  8,  9 

unless  on  its  final  passage  the  vote  be  taken  by  yeas  and 
J  nays,  the  names  of  the  persons  voting  for  and  against  the 

same  be  entered  on  the  journal,  and  a  majority  of  the  mem- 
bers elected  to  each  house  be  recorded  thereon  as  voting  in 
its  favor." 

Changes  in  Substance:     None. 

Clarifying  Change:  .The  statement  in  the  present  constitution 
that  "every  bill  shall  be  read  at  length  on  three  different 
days"  means  that  it  must  be  so  read  before  it  can  be  passed. 
This  is  made  clear  in  the  proposed  section. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Signing  of  Bills  by  Presiding  Officers. 

1  Section  8.     The  presiding  officer  of  each  house  shall,  in  the 

2  presence  of  the  house  over  which  he  presides,  sign  bills  and  joint 

3  resolutions  passed  by  the  general  assembly,  after  their  titles  have 

4  been  publicly  read  immediately  before  signing.    The  fact  of  sign- 

5  ing  shall  be  entered  on  the  journal. 

Note. 
Source:     Article  III,  section  9: 

"The  presiding  officer  of  each  house  shall,  in  the  presence 
of  the  house  over  which  he  presides,  sign  all  bills  and  joint 
resolutions  passed  by  the  general  assembly,  after  their  titles 
have  been  publicly  read  immediateh-  before  signing;  and 
the  fact  of  signing  shall  be  entered  on  the  journal." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


One  Subject  in  Each  Law. 

1  Section  9.     A  law  shall  contain  onh'  one  subject.     A  general 

2  appropriation  law,  a  codification,  and  a  compilation  or  general 

3  revision  of  statutory  law  shall  be  deemed  to  contain  only  one 

4  subject. 

Note. 
Source:     Part  of  Article  III,  section  3: 

"No  bill,  except  general  appropriation  bills,  shall  be  passed 
containing  more  than  one  subject     *     *     *." 

Changes  in  Substance:    None. 


208  REPORT  OF  THE  COMMISSION  ON, 

Art.  Ill,  Sec.  10 

Clarifying   Change:     The   provision    that   a   codification,,   com- 
pilation or  general  revision  shall  be  deemed  to  contain  only* 
one  subject  is  inserted  so  as  to  clear  the  present  uncertainty 
as  to  whether  or  not  such  laws  contain  more  than  one  sub- 
ject. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Titles  of  Laws. 


1  Section  10.     The  subject  of  a  law  shall  be  clearly  expressed  in 

2  its  title.    A  law  may  in  the  body  thereof  set  forth  a  short  title 

3  by  which  it  may  be  cited.    A  law  amending,  reviving  or  extending 

4  a  law  shall  set  forth  in  its  title  the  title  or  the  short  title  of  the 

5  law  affected. 

Note. 
Source:     Part  of  Article  III,  section  3: 

"No  bill  *  *  *  shall  be  passed  containing  more  than 
one  subject,  which  shall  be  clearly  expressed  in  its  title." 

Changes  in  Substance:  (1)  The  second  sentence  is  inserted  so 
as  to  give  constitutional  sanction  to  a  common  and  con- 
venient practice. 

(2)  The  purpose  of  the  provisions  of  the  final  sentence 
is  to  give  notice  to  persons  interested  of  the  effect  of  law 
upon  existing  laws  specially  affected. 

There  is  a  distinction  between  an  amendment  and  an  ex- 
tension of  an  act.  The  former  merges  into  the  act  to  which 
it  is  an  amendment,  while  an  extending  statute  does  not 
merge,  but  is  a  separate  and  independent  enactment.  Judge 
Endlich,  in  his  "Interpretation  of  Statutes,"  paragraph  190, 
lays  down  the  rule  that  an  amendment  is  so  much  an  integral 
part  of  the  original  act  and  so  complete  is  the  merger  that 
the  repeal  of  the  amendment  does  not  revive,  but  carries 
down  the  portion  of  the  original  act  amended,  and  vice  versa, 
a  repeal  of  such  portion  of  the  original  act  also  repeals  the 
amendment  thereto.  On  the  other  hand,  the  Supreme  Court 
in  Wettling  v.  Kelley,  201  Pa.  12,  decided  that  an  amending 
act  has  no  effect  whatever  on  a  prior  act  extending  the  pro- 
visions of  the  original  act,  nor  has  the  repeal  of  such  amend- 
ing act  any  eff'ect  ui)on  the  extending  statute. 

Changes  in  Style:  The  section  is  practically  new  and  has  been 
written  in  accordance  with  the  Commission's  rule  of  style. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  209 

Art.  Ill,  Sees.  11,  12 

Form  of  Amending,  Reviving  or  Extending  Laws. 

1  Section  11.     A  law  aineiuliiig,  reviving  or  extending  a  law  or 

2  conferring  the  provisions  tliereoi  shall  set  forth  in  full  the  part 

3  of  the  law  aitected,  and  an  amending  law  shall  also  set  forth  in 

4  full  the  part  of  the  law  affected  as  amended. 

Note. 
Source:     Article  111,  section  6: 

"No  law  shall  be  revived,  amended,  or  the  provisions  there- 
of extended  or  conferred,  by  reference  to  its  title  only,  but 
so  much  thereof  as  is  revived,  amended,  extended  or  con- 
ferred shall  be  re-enacted  and  published  at  length." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Budget  and  Appropriation  Bills. 

1  Section  12.     The  governor  shall  submit  to  the  general  assembly 

2  a  budget  on  or  before  March  1  of  each  year  in  which  it  shall 

3  be  in  regular  session.    The  budget  shall  contain  a  complete  plan 

4  of  proposed  appropriations  and  complete  estimates  of  the  reve- 

5  nues  and  funds  available  for  appropriation  for  the  two  ensuing 

6  fiscal  years,  including  appropriations  for  charitable,  educational 

7  and  benevolent  purposes.     In  submitting  proposals  for  appro- 

8  priations  to   charitable,  educational  or  benevolent  institutions 

9  not  under  the  absolute  control  of  the  state  government,  the  gov- 

10  ernor  shall  at  the  same  time  submit  a  plan  of  distribution  among 

11  the  classes  of  institutions  to  be  benefited. 

12  When  the  governor  presents  the  budget  to  the  house  of  repre- 

13  sentatives,  he  shall  submit  a  general  appropriation  bill  contain- 

14  ing  the  proposed  appropriations  for  the  fiscal  years  covered  by- 

15  the  budget  and  may  also  submit  any  bill  embodying  recommen- 

16  dations  as  to  sources  of  revenue. 

17  The  presiding  ofticer  of  the  house  of  representatives  shall  im- 

18  mediately  cause  such  bills  to  be  introduced. 

19  The  general  assembly  may  increase,  decrease,  strike  out  or 

20  otherwise  alter  any  item  in  the  general  appropriation  bill,  or 

21  may  add  new  items  thereto. 

22  Until  the  general  appropriation  law  has  been  enacted  neither 

23  house  shall  consider  an  appropriation  bill  other  than  the  general 

24  appropriation  bill  unless  the  appropriation  shall  be  solely  for 

25  the  immediate  needs  of  the  general  assembly  or  unless  the  gov- 

26  ernor  shall  request  the  general  assembly  to  act  upon  the  bill  in 

27  advance  of  the  general  appropriation  bill. 

28  After  the  general  appropriation  law  has  been,  enacted,  no  ap- 

29  propriation  shall  be  made  for  any  purpose,  object  or  item  in- 

14 


210  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sec.  12 

30  eluded  therein  or  in  the  general  appropriation  l)ill  as  submitted 

31  by  the  governor,  nnk'ss  tlie  governor  slut  11  request  the  general 

32  assembly  to  pass  a  bill  makijig  sneh  appr()])riation. 

33  The  general  asseml)ly  shall  not  tinally  adjourn  for  ten  days 

34  after  the  general  appropriation  bill  has  been  presented  to  the 

35  governor. 

Note. 

Source:  This  is  entirely  new  matter  and  takes  the  place  of  the 
provisions  of  Article  III,  section  15  in  the  ijresent  con- 
stitution : 

"The  general  appropriation  bill  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  executive, 
legislative  and  judicial  departments  of  the  commonwealth, 
interest  on  the  public  debt  and  for  public  schools;  all  other 
appropriations  shall  be  made  by  separate  bills,  each  em- 
bracing but  one  subject." 

The  Commonwealth  of  Pennsylvania  has  no  budget  sys- 
tem. At  least  forty-four  of  the  states  have  such  a  sj'stem, 
either  by  statute  or  by  constitutional  requirement. 

The  Commission  have  embodied  in  the  proposed  section 
the  following  fundamental  priucii^les  of  a  practical  budget 
system : 

(1)  The  governor  is  required  to  submit  to  the  general 
assembly  at  each  regular  session  a  plan  of  proposed  appro- 
priations and  an  estimate  of  revenues. 

(2)  The  governor  is  required  at  the  same  time  to  sub- 
mit a  general  appropriation  bill  covering  all  proposed  ap- 
propriations and  not  simply  those  for  the  ordinary  expenses 
of  government  as  provided  by  Article  111,  section  15,  of  the 
present  constitution. 

(3)  The  general  assembly  is  required  to  consider  this 
bill  immediately  and  may  alter  it  in  any  or  every  par- 
ticular. Until  a  general  appropriation  law  has  been  enacted, 
the  general  assembly  cannot  consider  any  appropriation  bill 
other  than  the  general  appropriation  bill  unless  for  the  needs 
of  the  general  assembly  or  at  the  special  request  of  the  gov- 
ernor. 

(4)  After  the  general  appropriation  law  has  been  en- 
acted, the  matter  covered  b}'  it  cannot  again  be  considered 
except  at  the  special  request  of  the  governor. 

(5)  The  general  assembly  cannot  adjourn  for  ten  days 
after  the  general  appropriation  bill  has  been  presented  to 
the  governor.  This  makes  it  impossible  for  the  general  as- 
sembly to  lose  its  opportunity  to  pass  the  bill  over  the  gov- 
ernor's veto.  In  other  words,  it  provides  that  both  the  gen- 
eral assembly  and  the  governor  must  take  a  full  share  of 
the  responsibility  for  the  appropriation  laws. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  211 

Art.  Ill,  Sec.  13 

Appropriations  to  Charitable  and  Educational  Institutions. 

1  Section  13.     An  appropriation  for  charitable,  educational  or 

2  benevolent  iJiirposes  may  be  made  to  a  class  of  corporations,  asso- 

3  ciatious  or  institutions  not  under  the  absolute  control  of  the 

4  state  government,  engaged  in  work  or  service  for  the  public  good, 

5  as  such  classes  may  be  deHned  by  law.     Such  work  or  service 

6  shall  conform  to  standards  of  excellence  prescribed  by  law  or  by 

7  an  agency  created  by  law\  , 

8  An  appropriation  to  such  a  class  shall  be  divided  among  its 

9  members  in  accordance  with  a  plan  uniform  in  its  application 

10  to  them,  as  prescribed  by  law.    No  law  shall  designate  such  a 

11  corporation,  association  or  institution  as  the  beneficiary  of  an 

12  appropriation. 

13  Each  item  containing  such  an  appropriation  shall  be  voted  on 

14  separately  in  each  house  before  final  action  is  taken  upon  the 

15  bill  unless  it  shall  receive  the  support  of  two-thirds  of  the  mem- 

16  bers  elected.    The  votes  of  each  house  shall  be  taken  by  yeas  and 

17  nays  and  the  names  of  the  miBmbers  voting  for  and  of  those  voting 

18  against  the  item  shall  be  entered  on  the  journal. 

19  Corporations,  associations  and  institutions  receiving  such  ap- 

20  propriations  shall  account  therefor  to  the  general  assembly  or 

21  to  an  agency  prescribed  by  law  and  shall  be  subject  to  inspection 

22  by  the  state  government. 

23  After  the  establishment  of  one  or  more  state  universities,  no 

24  appropriation  for  an  educational  purpose  shall  be  made  by  the 

25  state  government  to  a  corporation,  association  or  institution,  or 

26  to  a  class  of  corporations,  associations  or  institutions,  not  under 

27  the  absolute  control  of  the  state  government  or  of  a  municipality. 

Note. 
Source:     Article  III,  section  17: 

"No  appropriation  shall  be  made  to  any  charitable  or  edu- 
cational institution  not  under  the  absolute  control  of  the 
commonwealth,  other  than  normal  schools  established  by  law 
for  the  professional  training  of  teachers  for  the  public  schools 
of  the  state,  except  by  a  vote  of  two-thirds  of  all  the  mem- 
bers elected  to  each  house." 

Changes  in  Substance:     This  is  practically  a  new  section. 

Upoo  the  question  whether  private  charity  should  receive 
state  aid  at  all,  the  Commission  is  divided,  but  a  majority 
favor  giving  such  aid. 

The  Commission  is  unanimously  of  the  opinion  that  if  such 
aid  is  to  be  given,  it  should  be  given  in  accordance  with  the 
system  set  forth  in  the  proposed  section.  A  survey  of  the 
commonwealth's  charitable  institutions  and  an  impartial  de- 
termination of  their  actual  needs  will  place  the  whole  matter 
of  charitable  appropriations  upon  a  sounder  basis  than  at 
present.. 


212  REPORT  OF  TUE  COMMISSION  ON 

Art.  Ill,  Sees.  14,  15 

Under  Article  III,  section  15,  of  the  present  constitution, 
cliaritable  appropriations  are  required  to  be  by  .separate 
bills.  The  Commission  are  unanimously  of  the  opinion  that 
this  system  is  ineflicient  and  therefore  undesirable. 

The  special  reference  to  normal  schools  in  Article  III, 
section  17,  of  the  present  constitution,  has  been  omitted 
because  all  normal"  schools  are  now  under  the  absolute  con- 
trol of  the  commt)nwealth. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Appropriations  to   Denominational  Institutions. 

1  Section  14.     No  appropriations  shall  be  made  for  charitable, 

2  educational  or  benevolent  pur^Doses  to  any  denominational  or 

3  sectarian  institution,  corporatio'n  or  association. 

Note. 
Source:     Part  of  Article  III,  section  18: 

"No  appropriations,  *  *  *  shall  be  made  for  charit- 
able, educational  or  benevolent  purposes  *  *  "  to  any 
denominational  or  sectarian  institution,  corporation  or 
association." 

Changes  in  Substance:     None. 

Changes  in  Style:  TTie  substance  of  the  clauses  in  section  18 
of  the  present  constitution  which  refer  to  appropriations  to 
persons  or  communities  has  been  transferred  to  sections 
15  and  16  of  this  article.  The  provisions  in  this  section  .'e- 
lating  to  appropriations  to  denominational  and  sectarian  in- 
stitutions are  taken  verbatim  from  the  present  constitution. 


Certain  Appropriations  Permitted. 

1  Section  15.     Appropriations  may  be  made  for  the  payment  of 

2  pensions  and  gratuities  for  military  services;  for  the  payment 

3  of  pensions  for  the  retirement  of  classes  of  officers  and  employes 

4  of  the  state  government  and  school  districts ;  for  the  relief  of 

5  persons  or  municipalities  injured  or  damaged  hj  surface  subsi- 

6  dence  resulting  from  past  or  future  mining  of  anthracite  coal ; 

7  for  relief  consequent  upon  grave  public  disasters  or  calamities; 

8  for  the  payment  to  funds  under  public  control  for  the  benefit  of 

9  classes  of  persons  who  are  to  be  the  recipients  of  public  assis- 

10  tance;  and  for  the  payment  of  the  debts  of  municipalities  con- 

11  tracted  to  enable  the  commonwealth  to  repel  invasion,  suppress 

12  domestic  insurrection  or  defend  itself  in  time  of  war. 


CONSTITUTIONAL  AMENDMENT  AND   REVISION.  213 

Art.  Ill,  Sec.  16 

Note. 
Source:     Part  of  Article  III,  section  18: 

^'Xo  appropriations  except  for  pensions  for  gratuities  for 
military  services  shall  be  made  for  charitable,  educational 
or  benevolent  purposes  to  any  person  or  community    *    *    *" 

Changes  in  Substance:     (1)     Provision  validating  payment  of 

pensions  for  the  retirement  of  officers  and  employes  of  the 

''state  government  and  school  districts.    Article  III,  section 

20,  clause  (o),  would  prevent  an  act  giving  a  pension  to  a 

designated  judge  or  other  officer. 

(2)  Provision  validating  appropriations  for  the  relief  of 
persons  or  municipalities  hereafter  injured  or  damaged  by 
the  surface  subsidence  resulting  from  the  past  or  future 
mining  of  anthracite  coal. 

Clarifying  Changes:  This  section  covers  appropriations  in  the 
nature  of  gifts  which  would  otherwise  be  held  unconstitu- 
tional because  of  the  provisions  in  the  proposed  section  16 
(Article  III,  section  18,  of  the  present  constitution,  as 
quoted  above). 

The  final  clause  in  regard  to  the  debt  of  municipalities  is 
inserted  because  of  the  provisions  of  Article  VIII,  section  8, 
as  proposed  (Article  IX,  section  9,  of  the  present  constitu- 
tion), prohibiting  the  state  government  from  assuming  the 
debt  of  a  municipality  except  to  enable  the  commonwealth 
to  repel  invasion,  to  suppress  insurrection  or  to  defend  itself 
in  war.  If  the  state  government  can  assume  the  debt  of  a 
municipality  under  certain  circumstances,  it  must  also  be 
able  to  appropriate  money  to  pay  the  debt. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed  in  the  language  of  the  section. 


Gratuities  and  Extra  Compensation  Forbidden. 

1  Section  16.     Except  as  in  this  constitution  expressly  provided, 

2  no  appropriation   shall  be  made  by  the  state  government  for 

3  charitable,  benevolent  or  educational  purposes  to  any  person  or 

4  community,  and  no  law  shall  authorize  a  gratuity  by  the  state 

5  government,  give  extra  compensation  after  services^  have  been 

6  rendered  or  contract  made,  or  appropriate  money  to  pay  a  claim 

7  against  the  commonwealth  without  previous  authority  of  law. 

Note. 
Source:     (1)     Article  III,  section  11: 

"No  bill  shall  be  passed  giving  any  extra  compensation  to 
any  public  officer,  servant,  employe,  agent  or  contractor, 
after  services  shall  have  been  rendered  or  contract  made, 


214  REPORT  OP  THE  COMMISSION  ON 

Art.  Ill,  Sec.  17 

nor  providing  for  the  payment  of  any  claim  against  the 
commonwealth  without,  previous  authority  of  law." 

(2)     Part  of  Article  III,  section  18: 
"No  api^ropriations,  except  for  pensions  or  gratuities  for 
military  services,  shall  be  made  for  charitable,  educational  or 
benevolent  purposes,  to  any  person  or  community     *     *     *" 

Changes  in  Substance:     None. 

Clarifying  Changes:  The  language  of  Article  III,  section  18, 
of  the  present  constitution,  is  ambiguous.  It  i.s  not  clear 
whether  it  is  intended  to  prevent  all  gifts  to  persons  or 
communities  or  simply  to  prevent  appropriations  to  persons 
or  communities  to  be  used  by  them  for  charitable,  educa- 
tional or  benevolent  purposes. 

The  proposed  section  is  drawn  so  as  to  cover  both  of  these 
contingencies. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed.  . 


Approval  and  Veto  by  Governor. 

1  Sectiou  17.     Every  order,  resolution  or  vote  to  which  the  con- 

2  currence  of  both  houses  shall  be  necessary,  except  on  the  question 

3  of  adjournment  or  of  agreement  to  an  amendment  to  this  consti- 

4  tutiou  shall,  if  passed  by  the  general  assembly,  be  presented  to 

5  the  governor.  If  he  api)roves  itj  he  shall  sign  it  and  it  shall  then 

6  become  a  law.    If  he  shall  not  approve  it,  he  shall  return  it  with 
^  7  his  objections  to  the  house  in  which  it  originated,  wliich  house 

8  shall  enter  the  objections  at  large  upon  its  journal.    If,  after  re- 

9  consideration,  two-thirds  of  the  members  elected  to  that  house 

10  shall  agree  to  pass  the  bill,  it  shall  be  sent  with  the  governor's 

11  objections  to  the  other  house  and  if  approved  by  two-thirds  of 

12  the  members  elected  to  that  house  shall  become  law.    The  votes 

13  of  each  house  shall  be  taken  by  yeas  and  nays  and  the  names  of 

14  the  members  voting  for  and  of  those  voting  against  the  bill  shall 

15  be  entered  on  the  journal. 

16  If  a  bill  shall  not  be  returned  by  the  governor  within  ten  days 

17  after  it  has  been  presented  to  him,  it  sliall  become  law  unless  the 

18  general  assomldy  l)y  its  adjournment  prevents  its  return.    In  case 

19  of  such  adjournment  the  bill  shall  become  law  unless  within 

20  thirty  days  after  adjournment  the  governor  shall  file  it  with  his 

21  objections  in  the  office  of  the  secretary  of  the  commonwealth  and 

22  shall  give  notice  thereof  by  public  proclamation. 

Note. 
Source:     (1)     Article  III,  section  26: 

"Every  order,  resolution  or  vote,  to  which  the  concurrence 
of  both  houses  may  be  necessary,  except  on  the  question  of 
adjournment,  shall  be  presented  to  the  governor  and  before 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  215 

Art.  Ill,  Sec.  18 

it  shall  take  effect  be  approved  by  him,  or  being  disapproved; 
shall  be  repassed  by  two-thirds  of  both  houses,  according  to 
the  rules  and  limitations  prescribed  in  case  of  a  bill." 

(2)     Article  IV,  section  15: 

"Every  bill  which  shall  have  passed  both  houses  shall  be 
presented  to  the  governor;  if  he  approve  it  he  shall  sign  it, 
but  if  he  shall  not  approve  it  he  shall  return  it  with  his 
objections  to  the  house  in  which  it  shall  have  originated, 
which  house  shall  enter  the  objections  at  large  upon  their 
journal,  and  proceed  to  reconsider  it.  If,  after  such  recon- 
sideration, two-thirds  of  all  the  members  ielected  to  that 
house  shall  agree  to  pass  the  bill,  it  shall  be  sent  with  the 
objections  to  the  other  house  by  which  likewise  it  shall  be 
reconsidered,  and  if  approved  by  two-thirds  of  all  the  mem- 
bers elected  to  that  house  it  shall  be  a  law;  but  in  such 
cases  the  votes  of  both  houses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  the  members  voting  for  and 
against  the  bill  shall  be  entered  on  the  journals  of  each 
house,  respectively.  If  any  bill  shall  not  be  returned  by  the 
governor  v>^ithin  ten  days  after  it  shall  have  been  presented 
to  him,  the  same  sliall  be  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  general  assembly,  by  their  adjournment, 
prevent  its  return,  in  which  case  it  shall  be  a  law,  unless 
he  shall  file  the  same  with  his  objections,  in  the  office  of  the 
secretary  of  the  commonwealth,  and  give  notice  thereof  by 
public  proclamation  within  thirty  days  after  such  adjourn- 
ment." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  jules  of  style  have  been 
followed. 


Approval  and  Veto  of  Appropriation  Bills. 

1  Section  18.     The  governor  may  indicate  his  approval  or  dis- 

2  approval  of  an  appropriation  bill  by  signing  or  vetoing  it  as  in 

3  the  case  of  other  bills.     If  he  shall  approve  one  or  more 'items 

4  and  shall  disapprove  or  reduce  one  or  more  other  items,  he  shall 

5  return  the  bill  to  the  house  in  which  it  originated  sotting  forth 

6  his  reasons.    Tlie  items  Avhich  he  approves  shall  become  law.    The 

7  items  which  he  disapproves  or  reduces  may  be  passed  over  his 

8  objections  by  separate  action  on  each  item  in  the  manner  pre- 

9  scribed  for  the  passage  of  bills  over  his  veto.     Such  items  not 

10  nassed  over  his  obiections  shall,  in  accordance  with  his  recom- 

11  mendation,  be  stricken  from  the  bill  or  shall  become  law^  as 

12  reduced  by  him. 


216  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sec.  19 

Note. 
Source:     Article  IV,  section  16: 

"The  governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bill,  making  appropriations  of  money,  em- 
bracing distinct  items,  and  the  part  or  parts  of  the  bill 
approved  shall  be  the  law,  and  the  item  or  items  of  appro- 
priation disapproved  shall  be  void,  unless  repassed  according 
to  the  rules  and  limitations  prescribed  for  the  passage  of 
other  bills  over  the  executive  veto." 

Changes  in  Substance:  In  practice,  under  the  present  consti- 
tution, the  governor  pares  down  various  items  of  appropria- 
tion after  the  adjournment  of  the  general  assembly.  It  will 
be  noted"  that  under  section  12  of  this  article,  as  proposed, 
the  general  assembly  cannot  adjourn  for  ten  days  after  the 
general  appropriation  bill  has  been  submitted  to  the  gover- 
nor. This  obliges  the  governor  either  to  approve  or  to  dis- 
approve all  items  of  such  a  bill  before  adjournment  of  the 
general  assembly  and  in  case  of  his  approval  of  all  or  part 
of  an  item,  requires  the  general  assembly,  in  turn,  to  recon- 
sider the  matter  and  to  decide  whether  or  not  to  pass  the 
item  in  spite  of  the  governor's  disapproval. 

Clarifying  Change:     it  is  made  clear  that  the  governor  can  cut 
down  a  single  appropriation;  that  he  can,  for  example,  send 
back  to  the  general  assembly  an  appropriation  bill  carrying 
$100,000  to  a  class  of  hospitals  with  the  statement  that  he 
^  approves  it  in  the  sum  of  .|G0,000.     Under  the  present  con- 

stitution, the  governor's  power  to  do  this  depends  upon  an 
opinion  of  the  supreme  court  which  gives  to  the  word  "item" 
the  meaning  of  "any  fraction  of  a  lump  sum."  (Common- 
wealth V.  Barnett,  i99  Pa.  161.) 

Changes  in  Style:  The  Commission's  rules  of  style  have^been 
followed: 


When  Laws  Shall  Take  Effect. 

1  Section  19.     A  law  shall  become  effective  on  the  first  day  of 

2  January  after  its  enactment  unless  otherwise  provided  therein. 

Note. 

Source:  This  is  entirely  new  matter.  The  Commission  believe 
that  in  ordinary  cases  some  time  should  elapse  between  the 
enactment  of  a  law  and  tlie  time  when  it  becomes- efTective, 
so  that  the  public  will  have  an  opportunity  to  learn  its  pro- 
visions and  to  accommodate  themselves  in  advance  to  the 
changes  contemplated. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  217 

Art.  Ill,  Sec.  20 

Local  and  Special  Laws  Forbidden. 

1  Section  20.     No  local  or  special  law  shall  be  enacted: 

2  (a)     Eegulating  the  attaiis  of  a  muuicipalitA' ; 

3  (b)     Changing  the  names  of  persons  or  places; 

4  (c)     For  the  creation  or  regulation  of  highwaj^s,  ferries  or 

5  bridges,  except  bridges  across  streams  which  form  state  boun- 

6  daries ; 

8  (d)     Eegulating  burial  grounds  or  public  grounds  not  belong- 

9  ing  to  the  commonwealth; 

10  (e)     Granting  divorces  or  authorizing  the  adoption  or  legiti- 

11  mation  of  children; 

12  (f)     Eegulating   elections,   except   that   laws   regulating   the 

13  registration  of  electors  may  be  applied  to  cities  or  boroughs  of 

14  a  specified  class  only; 

15  (g)     Eegulating  the  organization,  jurisdiction  and  powers  of 
10     courts  of  the  same  class  or  grade,  judicial  process,  or  the  ad- 

17  ministration  of  justice; 

18  (h)     Eegulating  liens,  the  collection  of  debts  or  the  effect  of 

19  judicial  sales  of  real  estate; 

20  (i)      Eegulating  schools; 

21  (j)      Fixing  the  rate  of  interest; 

22  (k)     Eegulating  the  estates  of  decedents,  minors  or  persons 

23  under  disability; 

24  (1)      Eegulating  labor,  trade,  mining  or  manufacturing; 

25  (m)     Creating  corporations,  or  amending,  renewing  or  extend- 

26  ing  their  charters; 

27  (n)     Exempting  property  from  taxation; 

28  (o)     Granting  a  benefit,  privilege  or  power. 

29  No  local  or  special  law  shall  be  indirectly  enacted  by  the 

30  partial  repeal  of  a  general  law.    Laws  repealing  local  or  special 

31  laws  may  be  enacted. 

Note. 
Source:     (1)     Article  III,  section  7: 

"The  general  assembly  shall  not  pass  any  local  or  special 
law: 

1  Authorizing   the   creation,   extension   or   impairing  of 

liens ; 

2  Eegulating   the   affairs   of   counties,   cities,   townships, 

wards,  boroughs  or  school  districts; 

3  Changing  the  names  of  persons  or  places; 

4  Changing  the  venue  in  civil  or  criminal  cases; 

5  Authorizing  the  laying  out,  opening,  altering  or  main- 

taining, roads,  highways,  streets  or  alleys; 

6  Eelating  to  ferries  or  bridges,  or  incorporating  ferry  or 

bridge  companies,  except  for  the  erection  of  bridges 
crossing  streams  which  form  boundaries  between 
this  and  any  other  state; 

7  Vacating  roads,  town  plats,  streets  or  alleys; 


218  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sec.  20 

8  Eelating  to  cemeteries,  graveyards,  or  public  grounds 

not  of  the  state; 

9  Authorizing  the  adoption  or  legitimation  of  children; 

10  Locating  or  changing  coiintj'  seats,  erecting  new  counties 

or  changing  county  lines; 

11  Incorporating  cities,  towns  or  villages,  or  changing  their 

charters ; 

12  For  the  opening  and  conducting  of  elections,  or  fixing 

or  changing  the  place  of  voting; 

13  Granting  divorces; 

14  Erecting  new  townships  or  boron glis,  changing  township 

lines,  borough  limits  or  school  districts; 

15  Creating  offices,  or  prescribing  the  powers  and  duties 

of  officers  in  counties,  cities,  boroughs,  townships, 
election  or  fechool  districts; 

16  Changing  the  law  of  descent  or  succession; 

17  Kegulating  the  practice  or  jurisdiction  of,  or  changing 

the  rules  of  evidence  in,  any  judicial  proceeding  or 
inquiiy  before  courts,  aldermen,  justices  of  the 
peace,  sheriffs,  commissioners,  arbitrators,  auditors, 

18  masters  in  chancery  or  other  tribunals,  or  provid- 
ing or  changing  methods  for  the  collection  of  debts, 
or  the  enforcing  of  judgments,  or  prescribing  the 
effect  of  judicial  sales  of  real  estate; 

19  Eegulating  the  fees,  or  extending  the  powers  and  duties 

of  aldermen,  justices  of  the  peace,  magistrates  or 
constables ; 

20  Kegulating  the  management  of  public  schools,  the  build- 

ing or  repairing  of  school  houses,  and  the  raising 
of  money  for  such  purposes; 

21  Fixing  the  rate  of  interest; 

22  Affecting  the  estates  of  minors  or  persons  under  dis- 

ability, except  after  due  notice  to  all  parties  in 
interest,  to  be  recited  in  the  special  enactment; 

23  Kemitting  fines,  penalties,  and  forfeitures,  or  refunding 

moneys  legally  paid  into  the  treasury; 

24  Exempt-ing  property  from  taxation ; 

25  Regulating  labor,  trade,  mining  or  manufacturing; 

26  Creating   corporations,   or   amending,   renewing  or  ex- 

tending the  charters  thereof; 

27  Granting  to  any  corporation,  association  or  individual 

any  special  or  exclusive  privilege  or  immunity,  or 
to  any  corporation,  association  or  individual  the 
right  to  lay  down  a  railroad  track; 

28  Nor  shall  the  general  assembly  indirectly  enact  such 

special  or  local  law  by  the  partial  repeal  of  a 
general  law;  but  laws  repealing  local  or  special 
acts  may  be  passed ; 

29  Nor  shall  any  law  be  passed  granting  powers  or  ])rivi- 

leges  in  any  case  where  the  granting  of  such  powers 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  219 

Art.  Ill,  Sec.  20 

and  privileges  shall  have  been  provided  for  by  gen- 
eral law,  nor  where  the  courts  have  jurisdiction  to 
grant  the  same  or  give  the  relief  asked  for." 

(2)  Article  VIIT,  section  7: 

"All  laws  regulating  the  holding  of  elections  by  the  citi- 
zens or  for  the  registration  of  electors  shall  be  uniform 
throughout  the  state ;  but  laws  regulating  and  requiring  the 
registration  of  electors  may  be  enacted  to  apply  to  cities 
only,  provided  that  such  laws  be  uniform  for  cities  of  the 
same  class." 

(3)  Part  of  Article  V,  section  26: 

"All  la^^■s  relating  to  courts  shall  be  general  and  of 
uniform  operation,  and  the  organization,  jurisdiction  and 
powers  of  all  courts  of  the  same  class  or  grade,  so  far  as 
regulated  by  law,  and  the  force  and  etfect  of  the  process  and 
judgment  of  such  courts,  shall  be  uniform;     *     *     *" 

Changes  in  Substance:  (1)  In  clause  (a)  "a  municipality"  has 
been  substituted  for  "counties,  cities,  townships,  Avards,  bor- 
oughs or  school  districts."  This  malces  the  clause  cover 
poor  districts  under  the  present  organization  of  the  state 
and  cover  also  any  other  kind  of  municipality  which  may 
be  created  in  the  future. 

(2)  In  clause  (f )  boroughs  as  well  as  cities  are  included. 
There  would  appear  to  be  no  valid  reason  why  the  exception 
should  not  apply  to  boroughs  as  well  as  to  cities. 

(3)  Clause  (i)  takes  the  place  of  clause  20  in  the  present 
constitution,  omitting  the  word  "public"  so  that  the  section 
will  apply  also  to  private  schools. 

(4)  The  exception  in  clause  22  in  the  present  constitu- 
tion has  been  omitted. 

Clarifying  Changes:  Clause  16,  of  the  present  constitution, 
"changing  the  law  of  descent  or  succession"  refers,  strictly 
speaking,  only  to  devolution  of  property  in  cases  of  intestacy. 
The  Commission  have  assumed  that  it  was  intended  to  have 
a  wider  application  and  have  therefore  used  in  clause  (k) 
the  words  "regulating  the  estates  of  decedents." 

Changes  in  Style:  The  section  has  been  very  considerably  short- 
ened, without  omitting  any  substantive  provision.  The  fol- 
lowing analysis  will  show  to  which  of  the  new  clauses  the 
substance  of  each  of  the  clauses  of  the  present  constitution 
has  been  transferred.  (The  numerals  refer  to  the  number 
of  the  clauses  in  the  present  constitution.) 

1  to  (h) 

2  to  (a).  The  provisions  of  clauses  10,  11,  14,  15  and  19 
are  also  included  in  (a),  since  the  phrase  "affairs  of  a  munici- 
pality" covers  "whatever  affects  the  interest  or  welfare  of 
the  inhabitants."     (See  opinions  of  the  Supreme  Court  in 


220  REPORT  OP  THE  COMMISSION  ON 

Art.  Ill,  Sec.  20 

Morrison  v.  Bachert,  112  Pa.  322 ;  Frost  v.  Cherry,  122  Pa. 
417;  Sample  v.  Pittsburgii,  212  Pa.  533;  Montgomery  v. 
Commonwealth,  91  Pa.  125;  In  re  Pottstown  Borough,  117 
Pa.  538.) 

3  to  (b) 

4  to  (g) 

5  to  (c).  The  words  ''laying  out,  opening,  altering  or 
maintaining"  are  included  in  the  words  "creation  or  regula- 
tion." The  word  "highways"  has  been  used  to  cover  the 
different  kinds  of  highways  named  in  the  present  constitu- 
tion. 

6  to  (c).  The  words  "relating  to"  have  been  included 
in  the  words  "creation  or  regulation,"  which  are  more  accur- 
ate. The  clause  "or  incorporating  ferry  or  bridge  comj)anies" 
has  been  omitted  because  included  in  clause  (m). 

7  to  (c).  "Vacating"  is  included  in  the  word  "regula- 
tion." Specific  reference  to  town  plats  has  been  omitted 
because  vacating  a  town  plat  must  have  the  effect  either  of 
regulating  highways  or  of  regulating  the  affairs  of  a  munici- 
pality. In  one  event  the  situation  is  covered  by  clause  (c) 
and  in  the  other  event  by  clause  (a). 

8  to  (d) 

9  to  (e) 

10  to  (a) 

11  to  (a) 

12  to  (f).  The  exception  in  (f)  with  respect  to  registra- 
tion laws  is  taken  from  Article  VIII,  section  7,  of  the  present 
constitution. 

13  to  (e) 

14  to  (a) 

15  to  (a)  except  that  the  reference  to  election  districts 
is  covered  by  (f). 

16  to  (k) 

17  to  (g).  It  will  be  noted  that  in  the  present  clause 
the  grammar  is  defective  although  the  meaning  is  fairly 
clear.  There  is  no  such  thing  as  "the  practice  of  any  judicial 
proceeding."  The  provisions  of  the  first  part  of  Article  X, 
section  26,  of  the  present  constitution,  are  also  included 

in  (g)- 

18  to  (h).  "The  collection  of  debts"  includes  "the  enforc- 
ing of  judgments." 

19  to  (g) 

20  to  (i) 

21  to  (j) 

22  to  (k) 

23  to  (o) 

24  to  (o) 

25  to  (1) 

26  to  (m) 

27  to  (o) 

28  to  final  unlettered  paragraph. 

29  to  section  26-D,  of  Article  III. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  221 

Art.  Ill,  Sec.  21 

The  language  of  clause  27  was  probably  intended  to  apply 
only  to  special  benefits,  powers  and  privileges,  snch,  for  in- 
stance, as  the  granting  of  a  divorce.  If  this  is  the  correct 
interpretation  of  the  provision  of  the  present  constitution, 
it  is  included  in  clause  (o),  as  proposed,  which  forbids  a 
special  law  "granting  a  benefit,  privilege  or  power."  If  the 
language  quoted  from  the  present  constitution  means  more 
than  this,  the  exact  meaning  is  not  clear  to  us.  If  it  is  in- 
tended to  express  the  idea  that,  a  general  law  cannot  grant  a 
benefit,  privilege  or  power  which  the  courts  are  empowered 
to  grant,  it  simply  repeats  the  principle  expressed  in  Article 
V,  section  1,  that  "the  judicial  power  of  the  commonwealth 
is  vested"  in  the  courts  and  cannot  therefore  be  exercised 
by  the  law-making  authority.  If  it  is  intended  to  prevent 
administrative  oificers  from  exercising  concurrent  jurisdic- 
tion vrith  the  courts,  it  can  apply  only  to  matters  relating 
to  "the  conduct  of  elections"  (Article  V,  section  19,  as  pro- 
posed; Article  V,  section  21,  of  the  present  constitution), 
since  all  other  powers  of  the  courts  are  necessarily  exclusive 
because  either  judicial  or  appointive. 


Damages  for  Injuries. 

1  Section  21.     Laws  may  be  enacted  requiring  the  payment  by 

2  employers,  or  by  employers  and  employes  jointly,  of  reasonable 

3  compensation  for  injuries  to  employes  arising  in  the  course  of 

4  their  employment   arid   for  occupational  diseases  of  employes, 

5  whether  or  not  such  injuries  or  diseases  result  in  death  and  re- 

6  gnrdless  of  fault  of  employer  or  employe,  fixing  the  basis  of  ascer- 

7  tainment  of  such  compensation  and  its  maximum  and  minimum 

8  limits,  and  providing  special  or  general  remedies  for  the  collec- 

9  tion  thereof.  In  no  other  case  shall  a  limit  be  set  by  law  upon 
10  the  amount  to  be  recovered  for  injuries  to  persons  or  property. 
]  1  Tn  case  of  death  from  injuries,  the  right  of  action  therefor  shall 
12  survive  and  shall  be  exercised  by  persons  as  designated  by  law. 

Note. 
Source:     Part  of  Article  III,  section  21: 

"The  general  assembly  may  enact  laws  requiring  the  pay- 
ment by  employers,  or  employers  and  employes  jointly,  of 
reasonable  compensation  for  injuries  to  employes  arising  in 
tie  course  of  their  employment,  and  for  occupational'dis- 
eases  of  employes,  vvhether  or  not  such  injuries  or  diseases 
result  in  death  and  regardless  of  fault  of  employer  or  em- 
ploye, and  fixing  the  basis  of  ascertainment  of  such  compen- 
sation and  the  maximum  and  minimum  limits  thereof,  and 
providing  special  or  general  remedies  for  the  collection 
thereof;  but  in  no  other  cases  shall  the  general  assembly 


222  REPORT  OP  THE  COMMISSION  ON 

Art.  Ill,  Sec.  22 

limit  the  amonnt  to  be  recovered  for  injuries  resulting  in 
death,  or  for  injuries  to  persons  or  property,  and  in  case 
of  deatli  from  such  injuries,  the  right  of  action  shall  survive, 
and  the  general  assembly  shall  prescribe  for  whose  benefit 
such  actions  shall  be  prosecuted.  *  *  *"  (Amendment 
of  November  2,  1915.) 

Changes  in  Substance:     None. 

Changes  in  Style:  The  substance  of  the  last  sentence  of  Article 
111,  section  21  of  the  present  constitution,  is  transferred  to 
Article  IX,  section  1)-E,  because  in  the  constitution  as  pro- 
posed all  provisions  pertaining  exclusively  to  corporations 
are  placed  under  Article  IX, 


Land  Titles. 


1  Section  22.     Laws  may  be  enacted  providing  that  the  state 

2  government  or  the  counties  may  register,  transfer,  insure  or  guar- 

3  antee  titles  to  lands,  and  providing  for  the  determination  of 

4  interests  in  such  lands  and  for  the  creation  of  indemnity  funds. 

5  For  such  purposes  courts  may  be  established  and  judicial  powers 
0  may  be  conferred  upon  ollicers  of  the  state  government  or  of  the 

7  counties,  subject  to  the  right  of  appeal  by  the  parties  interested 

8  to  the  courts. 

Note. 

Source:     Amendment  of  November  2,  1915,  which  has  no  article 
or  section  number : 

"Lav.'s  may  be  passed  providing  for  a  system  of  registering, 
transferring,  insuring  of  and  guaranteeing  land  titles  by  the 
state,  or  by  the  counties  thereof,  and  for  settling  and  deter- 
mining adverse  or  other  claims  to  and  interest  in  lands  the 
titles  to  which  are  so  registered,  transferred,  insured  and 
guaranteed;  and  for  the  creation  and  collection  of  indem- 
nity funds;  and  for  carrying  the  system  and  powers  hereby 
provided  for  into  effect  by  such  existing  courts  as  may  be 
designated  by  the  legislature,  and  by  the  establishment  of 
such  new  courts  as  may  be  deemed  necessary.  In  matters 
arising  in  and  under  the  operation  of  such  system,  judicial 
powers,  with  right  of  appeal,  may  be  conferred  by  the  legis- 
lature upon  county  recorders  and  upon  other  officers  by  it 
designated.  Such  laws  may  provide  for  continuing  the  regis- 
tering, transferring,  insuring,  and  guaranteeing  such  titles 
after  tlie  first  or  original  i-egistration  has  been  ])erfected  by 
the  court,  and  i)rovision  may  be  made  for  raising  the  neces- 
sary funds  for  expenses  and  salaries  of  officers,  which  shall 
be  paid  out  of  the  treasury  of  the  several  counties." 

Changes  in  Substance:     None. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  223 

Art.  Ill,  Sees.  23,  24 

Changes  in  St^yle:     The  section  haKS  been  considerably  shortened 
b}'  the  elimination  oT  unnecessary  phrases. 


Militia. 

1  Section  23.     Laws  shall  be  enacted  to  provide  for  the  arming, 

2  organization,  maintenance  and  discipline  of  the  citizens  of  the 

3  commonwealth   for  its   defense.     Persons   having   conscientious 

4  •  scruples  against  bearing  arras  may  be  exempted  hj  law  from  mili- 

5  tary  service. 

Note. 
Source:     Article  XI,  section  1 : 

"The  freemen  of  this  commonwealth  shall  be  armed,  organ- 
ized and  disciplined  for  its  defense  when  and  in  such  man- 
ner as  may  be  directed  by  law.  The  general  assembly  shall 
provide  for  maintaining  the  militia  by  appro]priations  from 
the  treasury  of  the  commonwealth,  and  may  exempt  from 
military  service  persons  having  conscientious  scruples 
against  bearing  arms." 

Changes  in  Substance:     None. 

Changes  in  Style:  In  the  constitution  of  1874  this  section  for 
the  first  time  appeared  as  a  separate  article,  with  one  section. 
.  The  Commission  regard  it  as  unnecessary  to  treat  this  sub- 
ject in  a  separate  article  because  it  can  be  completely  dealt 
with  in  one  section  and  because,  in  its  general  nature,  it  is 
like  other  j)rovisions  in  Article  III.  The  word  citizen  is  em- 
ployed rather  than  freemen  because  all  persons  in  this  state 
are  free. 

The  language  has  been  changed  in  accordance  with  the 
Commission's  rules  of  stvle. 


Streams. 

1  Section  24.     Laws  shall  be  enacted  to  provide  for  maintaining 

2  the  purity  of  streams. 

Note. 

Source:  This  is  entirely  new  matter,  inserted  so  as  to  impose 
upon  the  law-making  power  a  constitutional  mandate  to 
perform  what  the  Commission  consider  a  very  important 
duty. 


224  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sees.  25,  26 

Legislation  at  Special  Sessions. 

1  Section  25.     At  a  special  session,  there  shall  be  no  legislation 

2  npon  subjects  other  than  those  designated  in  the  ])roclaniation 

3  o!  the  governor  calling  such  session. 

Note. 

Source:     Article  III,  section  25: 

"When  the  general  assembly  shall  be  convened  in  special 
session,  there  shall  be  no  legislation  upon  subjects  other 
than  those  designated  in  the  proclamation  of  the  governor 
calling  such  session." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Change  of  Capital. 

1  Section  26.     No  laAV  changing  the  location  of  the  capital  shall 

2  be  valid  unless  ratified  by  a  majority  of  the  electors  of  the 

3  commonwealth  voting  on  the  question. 

Note. 
Source:     Article  III,  section  28: 

'"No  law  changing  the  location  of  the  capital  of  the  state 
shall  be  valid  until  the  same  shall  have  been  submitted  to 
the  qualified  electors  of  the  commonwealth  at  a  general  elec- 
tion and  ratified  and  approved  by  them." 

Changes  in  Substance :     None. 

Clarifying  Change :  It  has  been  made  clear  that  only  a  majority 
of  the  electors  voting  on  the  question,  not  a  majority  of  all 
the  electors  who  vote,  must  ratifj^  the  proposed  law. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  225 


Alt.  IV,  Sec.  1 

~  ARTICLE  IV. 


THE  EXECUTIVE. 


Preliminary  Note. 
Source:     Article  IV. 

Arrangemeut:     Tlie  order  of  subjects  is  as  follows: 

Vesting  of  executive  power — section  1. 
Governor — sections  2  to  12,  inclusive. 
Lieutenant-Governor — section  13. 

Vacancv  in  office  of  governor  or  of  lieutenant-governor — sec- 
tions'14,  15,  16. 
Secretary  of  the  commonwealth — section  17. 
Secretary  of  internal  affairs — section  18. 
Auditor  general  and  state  treasurer — section  19. 
State  contracts— sections  20,  21. 
Seal  and  commissions — section  22. 


Executive  Power. 


1  Section  1.     The  executive  power  of  the  commonwealth  shall  be 

2  vested  in  a  governor,  a  lieutenant-governor,  a  secretary  of  the 
'A  commonwealth,  an  attorney  general,  an  auditor  general,  a  state 

4  treasurer,  a  secretary  of  internal  affairs,  a  commissioner  of  edu- 

5  cation,  and  in  other  executive  officers  as  prescribed  by  law. 

Note. 
Source:     Article  IV,  section  1,  which  reads: 

"The  executive  department  of  this  commonwealth  shall 
consist  of  a  governor,  lieutenant-governor,  secretary  of  the 
commonwealth,  attorney  general,  auditor  general,  state 
treasurer,  secretary  of  internal  affairs  and  a  superintendent 
of  public  instruction." 

Changes  in  Substance:  The  clause  "other  executive  officers  as 
prescribed  by  law"  is  new.  It  permits  the  creation  of  new 
executive  dejsartments  co-ordinate  with  those  specifically 
mentioned.  The  experience  of  the  federal  government  shows 
that  it  is  wise  to  allow  for  this  kind  of  growth. 

Changes  in  Style:     (1)  The  section  is  made  to  conform  to  tlie 
first  sections  of  the  legislative  and  judicial  articles  by  vest- 
ing the  executive  power  of  the  commonwealth  in  certain 
officers,  being  all  the  executive  officers  named  in  the  consti- 
15 


226  REPORT  OP  THE  COMMISSION  ON 

Art.  IV,  Sec.  2 

tution,  and  in  "otlieF  executive  officers  as  prescribed  by  law." 
The  present  constitution  states  that  the  executive  department 
consists  ol'  certain  officers.  Tliis  is  inaccurate,  because  the 
executive  department  or  brancli  of  the  state  government  con- 
sists of  all  of  its  officers. 

(2)  The  title  of  superintendent  of  public  instruction  is 
changed  to  commissioner  of  education  because  a  state  council 
of  education  with  a  state  commissioner  of  education  as  its: 
chief  executive  officer  is  provided  for  in  Article  XI,  section  2. 


Qualifications  of  Governor. 

1  Section  2.     The  governor  shall  be  a  citizen  of  the  United  States 

2  at  least  thirty  years  of  age.    He  shall  have  been  a  resident  of  the 

3  state  for  seven  years  next  preceding  his  election  unless  absent 

4  on  the  public  business  of  the  United  States  or  of  the  state  govern- 

5  ment. 

Note. 
Source:     Article  IV,  section  5,  which  reads: 

"No  person  shall  be  eligible  to  the  office  of  governor  or 
lieutenant-governor  except  a  citizen  of  the  United  States, 
who  shall  have  attained  the  age  of  thirty  j'ears,  and  have 
been  seven  years  next  preceding  his  election  an  inhabitant 
of  the  state,  unless  he  shall  have  been  absent  on  the  public 
business  of  the  United  States  or  of  this  state." 

Changes  in  Substance:     None. 

Clarifying  Change:  Under  the  present  constitution  it  is  not 
clear  whether  the  absence  on  public  business  referred  to  in 
section  5  includes  not  only  public  business  of  the  state  gov- 
ernment, but  also  public  business  of  a  municipality.  For 
instance,  if  a  man  had  been  for  some  years  in  Europe  inves- 
tigating highway  conditions  for  the  city  of  Pittsburgh,  would 
he  be  eligible  to  the  governorship?  The  proposed  form 
answers  this  question  in  the  negative. 

Changes  in  Style:  (1)  The  lieutenant  governor  is  not  men- 
tioned because  his  qualifications  are  covered  by  section  13 
of  this  article. 

(2)  "Inhabitant"  is  changed  to  the  more  common  word 
"resident."  The  fourteenth  amendment  to  the  constitution 
of  the  United  States  makes  all  persons  born  or  naturalized 
in  the  United  States  and  subject  to  the  jurisdiction  thereof 
"citizens  of  the  United  States  and  of  the  state  wherein  they 
reside."  Since  it  is  intended  that  the  governor  should  be 
not  only  a  citizen  of  the  United  States,  but  also  a  citizen  of 
the  commonwealth,  he  should  be  required  to  reside  in  the 
state,  so  as  to  conform  to  the  language  of  the  federal  con- 
stitution. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  227 

Art.  IV,  Sees.  3,  4 

Election  of  Governor. 

1  Section  3.     The  governor  shall  be  chosen  by  the  electors  of 

2  the  commonwealth  at  the  places  where  they  shall  vote  for  repre- 

3  sentatives.     The  returns  of  the  election  shall  be  sealed  up  and 

4  transmitted  to  the  seat  of  government,  directed  to  the  president 
.")  of  the  senate,  who  shall  open  and  publish  them  in  the  presence 
G  of  the  members  of  both  houses  of  the  general  assembly.     The 

7  person  having  the  highest  number  of  votes  shall  be  governor.    If 

8  two  or  more  shall  have  the  same  and  the  highest  number  of  votes, 

9  one  of  them  shall  be  chosen  governor  by  the  joint  vote  of  the 
1(1  members  of  both  houses. 

Note. 
Source:     Part  of  Article  IV,  section  2,  which  reads: 

"*  *  * ;  he  shall  be  chosen  on  the  day  of  the  general 
election,  by  the  qualified  electors  of  the  commonwealth,  at 
the  places  where  they  shall  vote  for  representatives.  The 
returns  of  every  election  for  governor  shall  be  sealed  up  and 
transmitted  to  the  seat  of  government,  directed  to  the  presi- 
dent of  the  senate,  who  shall  open  and  publish  them  in  the 
presence  of  the  members  of  both  houses  of  the  general  assem- 
bly. The  person  having  the  highest  number  of  votes  shall 
be  governor,  but  if  two  or  more  be  equal  and  highest  in 
votes,  one  of  them  shall  be  chosen  governor  by  the  joint  vote 
of  the  members  of  both  houses.     *     *     *" 

Changes  in  Substance:     None. 

Changes  in  Style:  (1)  The  reference  to  the  general  elections 
is  omitted  because  covered  by  Article  VIII,  section  1,  of  the 
constitution  as  proposed. 

(2)  The  words  "if  two  or  more  shall  have  the  same  and 
the  highest  number  of  votes"  are  substituted  for  the  words 
"if  two  or  more  be  equal  and  highest  in  votes,"  for  the  sake 
of  more  accurate  English. 


Contested  Election  of  Governor. 

1  Section  4.     A  contested  election  of  a  governor  shall  be  deter- 

2  mined  by  a  committee  selected  from  both  houses  of  the  general 

3  assembly  and  formed  and  regulated  as  prescribed  by  law. 

4  The  chief  justice  of  the  supreme  court  shall  preside  at  the  trial 

5  of  such  a  contested  election.     He  shall  detemuine  questions  re- 

6  garding  the  admissibility  of  evidence  and  shall,  upon  request  of 

7  the  committee,  pronounce  his  opinion  upon  others  questions  of 

8  law. 


i.'2S  IlEPORT  01'   THE  COMMISSION  ON 

Art.  IV,  Sec.  5 

Note. 
Source:     (1)     Part  of  Article  IV,  section  2,  as  follows: 

a*  *  *  Contested  elections  (governor  and  lieutenant- 
governor)  shall  be  determined  by  a  committee,  to  be  selected 
from  both  houses  of  the  general  a.ssembl3\  and  formed  and 
regulated  in  such  manner  as  shall  be  directed  by  law," 

(2)     Part  of  Article  IV,  section  17,  which  reads: 

"The  chief  justice  of  the  supreme  court  shall  preside  upon 
the  trial  of  any  contested  election  of  governor  or  lieutenant- 
governor,  and  shall  decide  questions  regarding  the  admissi- 
bility of  evidence,  and  shall,  upon  request  of  the  committee, 
pronounce  his  opinion  upon  other  questions  of  law  involved 
in  the  trial     *     *     *. 

Changes  in  Substance:     None. 

Changes  in  Style:  (1)  The  reference  to  the  lieutenant-governor 
in  Article  IV,  section  2  of  the  present  constitution,  is 
omitted  because  covered  by  section  18. 

(2)  The  last  s^eutence  of  Article  IV,  section  17,  of  the 
present  constitution,  is  transferred  to  Article  IV,  section  5, 
of  the  constitution  as  proposed,  thus  leaving  this  section  to 
deal  only  with  contested  elections. 


Term  of  Governor. 


1  Section  5.     The  governor  shall  hold  office  for  four  years  from 

2  the  third  Tuesday  of  January  succeeding  his  election  or  until 

3  his  successor  shall  qualify.    A  person  elected  governor  shall  not 

4  be  eligible  for  the  succeeding  term. 

Note. 
Source:     (1)     Article  IV,  section  3,  which  reads: 

"The  governor  shall  hold  his  office  during  four  years  from 
the  third  Tuesday  of  January  next  ensuing  his  election,  and 
not  be  eligible  to  the  office  for  the  next  succeeding  term." 

(2)     Part  of  Article  IV,  section  17,  as  follows: 

"...  The  governor  and  lieutenant-governor  shall  exer- 
cise the  duties  of  their  respective  offices  until  their  successors 
shall  be  dulj'  qualified." 

Changes  in  Substance:     None. 

Clarifying  Changes:  In  the  second  sentence  the  words  "A  per- 
son elected  governor"  are  used  so  as  to  make  it  clear  that  a 
lieutenant-governor  who  has  discharged  the  duties  of  gover- 
nor because  of  the  governor's  death  or  disability  may  never- 
theless be  elected  governor  at  the  next  gubernatorial  electiofi. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  229 

Art.  IV,  Sees.  6,  7,  8 

Changes  in  Style:  The  reference  to  the  lieutenant-governoi',  in 
Article  IV,  section  17,  of  the  present  constitution,  is  omitted 
because  covered  by  section  13. 


Supreme  Executive  Power. 

1  Section  6.     The  «npreme  executive  power  shall  be  vested  in 

2  the  governor,  who  shall   take  care  that  the  laws  be  faithfully 

3  executed. 

Note. 
'  Source:     The  first  clause  of  Article  IV,  section  2: 

"The  supreme  executive  power  shall  be  vested  in  the  gover- 
nor, who  shall  take  care  that  the  law  be  faithfully  executed ; 
*     *     » » 

Changes  in  Substance:     None. 

Changes  in  Style:     The  wording  of  the  present  constitution  is 
copied  verbatim. 


Military  Power. 

1  Section  7.     The  governor  shall  be  the  commander-in-chief  of 

2  the  army  and  navy  of  the  commonwealth,  and  of  the  militia, 

3  except  when  thev  shall  be  called  into  the  service  of  the  United 

4  States. 

Note. 
Source:     Article  IV,  section  7,  which  reads: 

"The  governor  shall  be  commander-in-chief  of  the  army 
and  navy  of  the  commonwealth,  and  of  the  militia,  except 
when  they  shall  be  called  into  the  actual  service  of  the 
United  States." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  word  "actual"  is  omitted  because  it  adds 
nothinjj  to  the  meaning:. 


Appointing  Power. 


1  Section  8.     The  governor  shall  appoint  a  secretary  of  the  com- 

2  monwealth,  an  attorney  general,  a  secretary  of  internal  affairs 

3  and  a  commissioner  of  education,  to  serve  during  his  pleasure, 

4  and  other  officers  as  prescribed  by  law. 


230  REPORT  OF  THE  (COMMISSION  ON 

Art.  IV,  Sec,  8 

5  When  the  senate  is  in  regular  session,  the  governor  shall  exer- 

G  else  the  power  to  appoint  an  otlicer  only  after  nomination  to  the 

7  senate  and  by  and  Avith  the  advice  and  consent  of  a  majority  of 

8  its  members,  except  where  he  yhall  appoint  to  fill  a  vacancy  oc- 

9  curring  within  ten  days  before  final  adjournment  of  the  session. 

10  The  governor  may  till  by  appointment  a  vacancy  in  an  office 

11  to  which  he  may  appoint,    if  he  shall  appoint  to  an  appointive 

12  office  during  a  recess  of  the  senate  or  to  till  a  vacancy  occurring 

13  within  ten  days  before  final  adjournment  of  a  regular  session 

14  thereof,  such  appointment  shall  be  valid  until  the  end  of  the 

15  next  regular  session  of  the  senate,  and  the  person  so  appointed 

16  shall  be  deemed  to  have  been  rejected  by  the  senate  at  such 

17  session  unless  nominated  by  the  governor  and  confirmed  by  fhe 

18  senate.  x 

19  The  governor  may  fill  by  appointment  a  vacancy  in  the  office 

20  of  auditor  general  or  of  state  treasurer  and  in  any  other  elective 

21  office  which  he  may  be  authorized  to  fill.    SucJi  vacancy  shall  be 

22  filled  by  election  on  the  next  election  day  appropriate  to  tlie 

23  office  which  shall  fail  not  less  than  sixty  days  after  the  occu.r- 

24  rence  of  the  vacancy.    Such  appointee  shall  serve  u.iitil  the  person 

25  so  elected  shall  take  office  as  prescribed  by  law. 

26  If  a  power  of  appointment  to  an  appointive  or  elective  office 

27  shall  arise  during  a  session  of  the  senate  and  not  within  ten  days 

28  before  final  adjournment,  the  governor  shall,  at  such  session, 

29  nominate  a  proper  person  for  the  office.    If  a  power  of  appoint- 

30  ment  to  an  appointive  office  shall  arise  within  ten  days  before 

31  final  adjournment  of  a  session  of  the  senate  or  during  a  recess 

32  of  the  senate,  he  shall,  at  the  next  session  of  the  senate  nominate 

33  a  proper  person  for  the  office.    In  either  case,  if  the  senate  shall 

34  reject  a  nomination  and  shall  notify  the  governor  that  it  will 

35  not  adjourn  within  ten  days,  he  shall  nominate  another  person 

36  for  the  office.    If  he  shall  fail  to  nominate  as  herein  required,  he 

37  may  not  appoint  to  the  office  exce])t  after  nomination  to  the 

38  senate  and  by  and  with  the  advice  and  consent  of  a  majority 

39  of  its  members. 

40  If  the  nomination  of  a  person  to  an  office  shall  be  rejected  by 

41  the  senate  he  shall  not  be  appointed  to  such  office  before  the  next 

42  session  of  the  senate. 

43  In  acting  on  executive  nominations,  the  senate  shall  sit  with 

44  open  doors.    The  vote  shall  be  taken  by  yeas  and  nays  and  shall 

45  be  entered  on  the  journal. 

Note. 
Source:     (1)     Article  IV,  section  8,  which  reads: 

"He  shall  nominate  and,  by  and  with  the  advice  and  con- 
sent of  two-thirds  of  all  the  members  of  the  senate,  appoint 
a  secretary  of  the  commonwealth  and  an  attorney  general 
during  pleasure,  a  superintendent  of  public  instruction  for 
four  years,  and  such  other  officers  of  the  commonwealth  as 
he  is  or  may  be  authorized  by  the  constitution  or  by  law 
to  appoint;  he  shall  have  power  to  fill  all  vacancies  that 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  ^'31 

Art.  IV,  Sec.  8 

may  happen,  in  offices  to  Avhicli  lie  may  appoint,  during  the 
recess  of  the  senate,  by  granting  commissions  which  shall 
expire  at  the  end  of  their  next  session;  he  shall  have  power 
to  fill  any  vacancy  that  may  happen,  during  the  recess  of 
the  senate,  in  the  office  of  auditor  general,  state  treasurer, 
secretary  of  internal  alfairs  or  superintendent  of  public  in- 
struction, in  a  judicial  office,  or  in  any  other  elective  office 
which  he  is  or  may  be  authorized  to  fill ;  if  the  vacancy  shall 
happen  during  the  session  of  the  senate,  the  governor  shall 
nominate  to  the  senate,  before  their  final  adjournment,  a 
proper  person  to  fill  said  vacancy;  but  in  any  such  case  of 
vacancy,  in  an  elective  office,  a  person  shall  be  chosen  to 
said  office  on  the  next  election  day  appropriate  to  such  office 
according  to  the  provisions  of  this  constitution,  unless  the 
vacancy  shall  happen  within  two  calendar  months  immedi- 
ately preceding  such  election  da3%  in  w^hich  case  the  election 
for  said  office  shall  be  held  on  the  second  succeeding  elec- 
tion day  appropriate  to  such  office.  In  acting  on  executive 
nominations  the  senate  shall  sit  with  open  doors,  and  in 
confirming  or  rejecting  the  nominations  of  the  governor,  the 
vote  shall  be  taken  by  yeas  and  najs  and  shall  be  entered  on 
the  journal."     (Amendment  of  November  2,  1909.) 

(2)     Article  V,  section  25,  which  reads: 

"Any  vacancy  happening  by  death,  resignation  or  other- 
wise, in  any  court  of  record,  shall  be  filled  by  appointment 
by  the  governor,  to  continue  till  the  first  Monday  of  January 
next  succeeding  the  first  general  election,  which  shall  occur 
three  or  more  months  after  the  happening  of  such  vacancy." 

Changes  in  Substance:  (1)  The  secretary  of  internal  affairs 
is  to  be  appointed  by  the  governor,  and  not  elected  as  at 
present.  His  election  is  by  inference  a  constitutional  man- 
date, since  in  Article  IV.  section  8,  of  the  present  constitu- 
tion, above  quoted,  he  is  i^laced  in  a  list  ending  with  the 
words  '^or  in  any  other  elective  office."  The  Commission 
believe  that  he  should  be  appointed  because  he  is  simply 
a  subordinate  executive  officer  having  the  same  relation  to 
the  governor  as  the  attorney  general  or  the  secretary  of  the 
commonwealth.  TBe  state  treasurer  and  auditor  general 
are  in  a  very  diflFerent  position  because  of  their  financial 
responsibilities. 

(2)  A  majority  of  the  members  of  the  senate  is  required 
to  consent  to  appointments,  instead  of  two-thirds,  as  here- 
tofore. The  Commission  believe  that  to  require  consent  of 
two-thirds  is  to  increase  the  probability  of  deadlocks  and 
that  life  majority  rule,  as  established  by  Article  II,  section 
2,  of  the  constitution  of  the  United  States,  is  better. 

(3)  New  provisions  have  been  introduced  so  as  to  carry 
into  effect  the  principle  that  the  governor  should,  so  far  as 
possible,  obtain  the  consent  of  the  senate  to  all  appointments. 


232  REPORT  OP  THE  COMMISSION  ON 

Art.  IV,  Sec.  8 

The  operation  of  these  provisions  can  best  be  explained  by 
the  following  illustrations: 

(a)  The  secretary  of  the  commonwealth  dies  wliile  the 
senate  is  in  recess.  The  governor  immediately  appoints  A 
to  fill  the  vacancy.  During  its  next  session  the  senate  re 
fuses  to  consent  to  the  appointment  of  A. 

Under  the  present  constitution  the  governor  can  wait 
until  the  end  of  the  session  and  can  then  reappoint  A  for 
two  more  3'ears.  Under  the  proposed  new  section  (lines  40 
to  42)  the  governor  could  not  appoint  a  person  who  had 
been  so  rejected. 

(b)  A  vacancy  is  filled  as  in  (a).  During  the  next  ses- 
sion of  the  senate  the  governor  fails  to  send  in  any  nomina- 
tion for  the  office. 

Under  the  present  constitution  he  can  wait  until  the  end 
of  the  session  and  can  then  reappoint  A  or  appoint  B.  Under 
the  proposed  new  section  he  would  lose  his  power  of  appoint- 
ment by  the  provisions  of  lines  36  to  39. 

(c)  A  vacancy  is  filled  as  in  (a).  During  the  next  ses- 
sion of  the  senate  the  governor  sends  several  nominations 
to  the  senate,  but  does  not  nominate  A.  All  the  nominations 
are  rejected. 

Under  the  present  constitution,  the  governor  can  wait 
until  the  end  of  the  session  and  can  then  reappoint  A.  Under 
the  proposed  new  section  he  could  not  do  this,  because  by 
lines  40  to  42,  A  would  be  in  the  position  of  a  rejected 
nominee. 

(d)  Under  the  present  constitution,  if  the  secretary  of 
the  commonwealth  dies  just  before  the  senate  convenes,  it 
is  doubtful  whether  the  governor  can  wait  until  after  the 
senate  convenes  and  then  appoint  a  successor  without  the 
senate's  consent.    Probably  he  cannot. 

In  the  proposed  section  it  is  made  clear  that  the  governor 
must  try  to  obtain  the  consent  of  the  senate  if  the  appoint- 
ment is  made  or  the  vacancy  occurs  during  a  session  of  the 
senate  and  that  in  either  case  he  cannot  after  adjournment 
appoint  a  person  rejected  by  the  senate. 

(4)  In  paragraph  4,  line  23,  "two  calendar  months"  has 
been  changed  to  '"'sixty  days."  _  • 

(5)  In  paragraph  4,  the  provision  in  the  present  consti- 
tution, Article  V,  section  25,  that  the  appointee  of  the  gover- 
nor to  a  judicial  vacancy  shall  hold  office  until  the  first 
Monday  in  January  next  preceding  the  first  general  election 
has  been  changed,  for  the  sake  of  uniformity  with  the  provi- 
sions relating  to  other  appointees  of  the  governor,  to  the 
provision  that  such  appointee  shall  serve  u«g:il  the  person 
elected  to  the  vacancy  shall  take  office  as  prescribed  by  law. 

(6)  It  is  provided  (lines  20  to  24)  that  judicial  vacancies 
("any  other  elective  office  which  he  may  be  authorized  to 
fill")"  shall  be  filled  by  election  on  the  next  appropriate  elec- 
tion dav  fallins:  not  less  than  sixty  days  after  the  occurrence 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  233 

Art.  IV,  Sec.  9 

of  the  vacancy.  The  time  limit  set  by  the  j)resent  constitution 
(Article  IX,  section  25)  is  three  months.  The  change  is  in 
the  interest  of  uniformity  and  to  avoid  the  conflict  now 
existing  between  Article  IV,  section  8,  and  Article  V,  section 
25,  of  the  present  constitution. 

(7)  In  the  present  constitution  there  is  no  express  state- 
ment as  to  the  duration  of  an  appointment  to  an  elective 
office.  In  the  proposed  new  section  it  is  provided  (lines  24 
and  25)  that  such  an  appointment  shall  be  valid  until  the 
person  elected  to  fill  the  vacancy  shall  take  office. 

Changes   in   Style:     The  provisions   of   the  section   have   been 
arranged  as  follows: 

(a)  Duty  to  appoint  constitutional  officers. 

(b)  Duty  to  obtain  consent  of  senate  if  in  session. 

(c)  Vacancies  in  appointive  offices. 

(d)  Vacancies  in  elective  offices. 

(e)  Duty  to  obtain  consent  of  senate  in  all  cases  so  far 

as  possible. 

(f)  Disqualification  of  a  rejected  nominee. 

(g)  Procedure  of  senate. 


Pardoning  Pov\?er. 

1  Section  9.     The  governor  may  remit  fines  and  forfeitures,  and 

2  may  grant   reprieves,   commutations  of  sentence  and  pardons, 

3  except  in  cases  of  impeachment.    He  shall  commute  a  sentence 

4  or  grant  a  pardon  only  on  the  recommendation  in  writing  of 

5  the  lieutenant-governor,  the  secretary  of  the  commonwealth,  the 

6  attorney  general  and  the  secretary  of  internal  affairs,  or  for  any 

7  three  of  them,  after  full  hearing,  upon  due  public  notice  and  in 

8  open  session.     Such  recommendation,  with  the  reasons  therefor 

9  at  length,  shall  be  recorded  and  filed  in  the  office  of  the  secretary 
10  of  the  commonwealth. 

Note. 
Source:     Article  IV,  section  9,  which  reads: 

"He  shall  have  power  to  remit  fines  and  forfeitures,  to 
grant  reprieves,  commutations  of  sentence  and  pardons,  ex- 
cept in  cases  of  impeachment;  but  no  pardon  shall  be 
granted,  nor  sentence  commuted,  except  upon  the  recom- 
mendation in  writing  of  the  lieutenant-governor,  secretary 
of  the  commonwealth,  attorney  general  and  secretary  of  in- 
ternal affairs,  or  any  three  of  them,  after  full  hearing,  upon 
due  public  notice  and  in  open  session,  and  such  recommenda- 
tion, with  the  reasons  therefor  at  length,  shall  be  recorded 
and  filed  in  the  office  of  the  secretary  of  the  commonwealth." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


234  REPORT  OF  THE  COMMISSION  ON 

Art.  IV,  Sees.  10,  11,  12 

Power  to   Require   Information. 

1  Section  10.     The  governor  may  require  information  in  writing 

2  from  tlie  executive  officers  of  the  state  government  with  respect 

3  to  their  duties. 

Note. 
Source:     Article  IV,  section  10,  which  reads: 

"He  may  require  information  in  writing  from  the  officers 
of  the  executive  department,  upon  any  subject  relating  to 
the  duties  of  their  respective  offices." 

Changes  in  Substance:     None. 

Changes  in  Style:  "Executive  officers  of  the  state  government" 
has  been  used  because  the  word  "department"  has  been  em- 
ployed to  mean  a  principal  sub-division  of  the  executive 
branch  of  the  government. 


Duty  to  Inform  General  Assembly. 

1  Section  11 .     The  governor  shall,  from  time  to  time,  give  to  the 

2  general  assembly  information  of  the  state  of  the  commonwealth, 

3  and  shall  recommend  to  its  consideration  such  measures  as  he 

4  may  judge  expedient. 

Note. 
Source:     Article  IV,  section  11,  which  reads: 

"He  shall,  from  time  to  time,  give  to  the  general  assembly 
information  of  the  state  of  the  commonwealth,  and  recom- 
mend to  their  consideration  such  measures  as  he  may  judge 
expedient." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
folloAved. 


Power  to  Adjourn  or  Convene  General  Assembly, 

1  Section  12.     The  governor,  in  case  of  disagreement  between 

2  the  two  houses  of  the  general  assembly  with  respect  to  the  time 

3  of  adjournment,  may  adjourn  tliem  to  such  time  as  he  may  think 

4  proper  not  exceeding  four  months.    He  may  on  extraordinary  oc- 

5  casions  convene,  by  proclamation,  the  general  assembly  and  he 
n  may  convene,  by  proclamation,  the  senate  for  the  transaction  of 
7  executive  business. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  23", 

Art.  IV,  Sec.  13 

Note. 

Source:     Article  IV,  section  12,  which  reads: 

"He  may,  on  extraordinary  occasions,  convene  the  general 
assembly,  and  in -case  of  disagreement  between  the  two 
houses  with  respect  to  the  time  of  adjournment,  adjourn 
them  to  such  time  as  he  shall  think  proper,  not  exceeding 
four  months.  He  shall  have  power  to  convene  the  senate  in 
extraordinary  session  hj  proclamation  for  the  transaction 
of  executive  business." 

Changes  in  Substance:     None. 

Clarifying  Change:  The  language  of  the  present  constitution 
suggests  that  tlie  governor  can  only  adjourn  the  general 
assembly  if  the  two  houses  fail  to  agree  upon  the  time  of  ad- 
journing a  special  session.  The  principle  that  the  governor's 
power  extends  to  regular  as  well  as  special  sessions  is  made 
clear  in  the  section  as  proposed. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Lieutenant-Governor. 


1  Section  13.     The  lieutenant-governor  shall  have  the  same  quali- 

2  flcatious  and  shall  be  chosen  at  the  same  time,  in  the  same 
'I  manner,  and  for  the  same  term  as  the  governor.  He  shall  not 
4:  be  eligible  to  the  office  of  lieutenant-governor  for  the  succeeding 
Tj  term.  A  contested  election  of  lieutenant-governor  shall  be  con- 
(i  ducted  in  the  same  manner  as  a  contested  election  of  governor. 

7  The  lieutenant-governor  shall  be  president  of  the  senate,  but 

8  shall  have  no  vote  unless  the  senate  be  equally  divided. 

Source:     (1)     Article  IV,  section  4: 

"A  lieutenant-governor  shall  be  chosen  at  the  same  time, 
in  the  same  mannef,  for  the  same  term,  and  subject  to  the 
same  provisions  as  the  governor;  he  shall  be  jiresideut  of 
the  senate,  but  shall  have  no  vote  unless  they  be  equally 
divided." 

(2)  Article  IV,  section  17,  relative  to  contested  elections, 
which  has  been  transferred  to  Article  IV,  section  4  as  pro- 
posed, omitting  reference  to  the  lieutenant-governor,  has,  in 
the  section  here  proposed  been  expressly  applied  to  the  lieu- 
tenant-governor. 

Changes  in  Substance:     None. 

Changes  in  Style:  The  requirement  of  Article  IV,  section  4,  of 
the  present  constitution,  that  the  lieutenant-governor  shall 
be  "subject  to  tlie  same  provisions  as  the  governor"  refers 
onlv  to  his  ineligibiltv  to  re-election  and  to  the  method  of 


236  REPORT  OF  THE  COMMISSION  ON 

Art.  IV,  Sec.  14 

determining  a  contested  election.  Both  have  been  expressly 
covered  by  the  proposed  new  section  and  the  indefinite 
phrase,  "subject  to  the  same  provisions/'  has  been  dropped. 


Succession  to  Governorship. 

1  Section  14.     If  the  office  of  governor  shall  be  vacant  the  lieu- 

2  tenant-governor  shall  become  governor.  If  the  governor  shall 
8  fail  to  qualify  or  shall  be  under  a  disability,  the  powers,  duties 
4  and  emoulments  of  his  office  until  the  end  of  the  governor's  term 
.5  or  until  he  shall  qualify  or  his  disability  shall  be  removed  shall 
G  devolve  on  the  lieutenant-governor,  or,  if  his  office  shall  be  vacant 

7  or  he  shall  be  under  a  disability,  then  the  president  pro  tempore 

8  of  the  senate,  or  if  his  office  shall  be  vacant  or  he  shall  be  under 

9  a  disability,  then  on  a  person  elected  by  a  majority  of  the  mem- 

10  bers  of  the  general  assembly.     For  the  purpose  of  such  election, 

11  the  general  assembly  may  convene  in  special  session  without  a 

12  proclamation  of  the  governor  upon  a  call  signed  by  five  members 

13  of  each  house. 

Note. 

Source:     (1)  Article  IV,  section  1^: 

"In  case  of  the  death,  conviction  on  impeachment,  failure 
to  qualify,  resignation,  or  other  disability  of  the  governor, 
the  powers,  duties  and  emoluments  of  the  office,  for  the  re- 
mainder of  the  term,  or  until  the  disability  be  removed, 
shall  devolve  upon  the  lieutenant-governor." 

(2)     Part  of  Article  IV,  section  14: 

"In  case  of  a  vacancy  in  the  office  of  lieutenant-governor, 
or  when  the  lieutenant-governor  shall  be  impeached  by  the 
house  of  representatives  or  shall  be  unable  to  exercise  the 
duties  of  his  office,  the  powers,  duties  and  emoluments  there- 
of for  the  remainder  of  the  tel'm  or  until  the  disability  be 
removed  shall  devolve  upon  the  president  pro  tempore  of 
the  senate,  and  the  president  pro  tempore  of  the  senate  shall 
in  like  manner  become  governor  if  a  vacancy  or  disability 
shall  occur  in  the  office  of  governor:     *     *     *." 

Changes  in  Sul)stance:  The  section  as  propo!>ed  provides  a 
method  of  filling  a  vacancy  in  the  office  of  governor  or  of 
providing  for  the  governor's  disability,  in  case  there  is  a 
vacancy  in  the  office  of  the  governor  or  the  governor  is  under 
a  disability  and  at  the  same  time  there  exists  a  vacancy  in 
the  office  of  lieutenant-governor  or  the  lieutenant-governor  is 
under  a  disability,  and  also,  there  is  a  vacancy  in  the  office 
of  president  pro  tempore  or  he  is  under  a  disability. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  237 

Art.  IV,  Sec.  15 

Clarifying  Changes:  The  section  as  proposed,  makes  it  clear  that 
if  the  office  of  governor  becomes  vacant,  the  lieutenant-gov- 
ernor or  the  president  pro  tempore  of  the  senate,  becomes 
governor  and  not  merely  acting  governor;  while,  if  the 
governor  fails  to  qualify  or  is  under  a  disability  the  lieuten- 
ant-governor, or  the  president  pro  tempore  of  the  senate,  does 
not  become  governor  but  merely  exercises  the  power  of  gov- 
ernor until  the  disability  is  removed  or  the  governor's  term 
expires. 

Changes  in  Style:  Instead  of  enumerating  the  causes  of  a 
vacancy,  they  have  all  been  expressed  in  the  clause,  ''if  the 
office  of  the  governor  shall  be  vacant." 


Succession  in  Lieutenant-Governorship. 

1  Section  15.     If  the  office  of  lieutenant-governor  shall  be  vacant 

2  or  if  he  shall  fail  to  qualify  or  shall  be  absent  or  under  a  disa- 
o     bilit}',  the  powers,  duties  and  emoluments  of  his  otBce  shall  de- 

4  volve  on  the  president  pro  tempore  of  the  senate,  until  the  end 

5  of  his  term  or  until  he  shall  qualify  or  return  or  his  disability 
G  shall  be  removed.  In  such  event  the  seat  in  the  senate  of  the 
7  president  pro  tempore  of  the  senate  shall  become  vacant. 

Note. 
Source:     Article  IV,  section  14: 

"In  case  of  a  vacancy  in  the  office  of  lieutenant-governor, 
or  when  the  lieutenant-governor  shall  be  impeached  by  the 
house  of  representatives,  or  shall  be  unable  to  exercise  the 
duties  of  his  office,  the  powers,  duties  and  emoluments 
thereof  for  the  remainder  of  the  term,  or  until  the  disability 
be  removed,  shall  devolve  upon  the  president  pro  tempore  of 
the  senate ;  and  the  president  pro  tempore  of  the  senate  shall 
in  like  manner  become  governor  if  a  vacancj^  or  disability 
shall  occur  in  the  office  of  governor;  his  seat  as  senator 
shall  become  vacant  whenever  he  shall  become  governor,  and 
shall  be  filled  by  election  as  any  other  vacancy  in  the 
senate." 

Changes  in  Substance:  The  contingency  of  failure  to  qualify 
has  been  specially  mentioned  so  that  if  a  person  elected 
lieutenant-governor  shall  die  before  qualifying  the  duties  of 
the*  lieutenant-governor  will  be  exercised  by  the  president 
pro  tempore  of  the  senate  and  not  by  the  preceding  lieuten- 
ant-governor who,  by  Article  IV,  section  17  of  the  present 
constitution,  would  hold  office  until  his  successor  qualified. 

Changes  in  Style:  The  causes  of  a  vacancy  have  all  been  ex- 
pressed in  the  clause  ''If  the  office  of  lieutenant-governor 
shall  be  vacant." 


238  REPORT  OF  TUE  COMMISSION  ON 

Art.  IV,  Sees.  16,  17 

Determination  of  Disability. 

1         Section  16.     The  fact  of  disability  of  the  governor,  or  of  the 

i'  lieutenant-governor,  or  of  a  person  npon  whom  the  powers  and 

3  duties  of  either  oitice  would  otherwise  devolve,  shall  be  deter- 

4  mined  only  by  the  supreme  court  on  the  address  of  the  general 

5  assembly,  agreed  to  by  a  majority  of  the  members  of  each  house, 
G  or,  if  the  general  assembly  be  not  in  session,  on  the  written  ad- 
7  dress  of  such  majority. 

Note. 

Source:  This  is  entirely  new  matter.  It  covers  the  situation 
which  would  arise  if  a  governor  or  a  lieutenant-governor 
should  have  a  prolonged  illness  or  should  temporarily  or 
permanently  lose  his  mind. 

Under  the  present  constitution,  any  executive  officer  ex- 
cept the  governor,  the  lieutenant-governor  and  the  superin- 
tendent of  public  instruction,  could  be  removed,  in  such  a 
contingency,  either  by  the  appointing  power  or  by  the  gov- 
ernor upon  address  of  two-thirds  of  the  senate  (Article  VI, 
section  4),  and  a  judge  not  a  member  of  the  supreme  court 
could  be  removed  by  the  governor  on  tlie  address  of  tv\'o- 
thirds  of  each  house  of  the  general  assembly  (Article  V, 
section  15).  The  Commission  propose  an  appointed  com- 
missioner of  education  instead  of  the  superintendent  of 
public  instruction  (see  Article  IV,  section  8  and  Article  X, 
section  1).  This  leaves  only  the  governor,  the  lieutenant- 
governor  and  the  justices  of  the  supreme  court  for  whose 
removal  no  method  is  now  provided  except  impeachment. 

It  is  therefore  important  that  there  should  be  lodged  in 
a  permanent  body  the  power  to  determine  whether  or  not 
the  disability  of  the  governor  or  of  the  lieutenant-governor 
is  such  as  to  justify  filling  the  office  with  another  person. 
The  disability  of  a  supreme  court  justice  cannot  well  be 
determined  by  his  associates.  Such  disability  impairs  only 
one  of  a  body  of  seven  men.  It  therefore  seems  best  not  to 
attempt  to  provide  for  a  determination  of  the  fact  of  disa- 
bility of  a  supreme  court  justice. 


Secretary  of  the  Commonwealth. 

1  Section  17.     The  secretary  of  the  commonwealth  shall  keep  a 

2  record  of  the  official  acts  and  proceedings  of  th<j  governor,  and 

3  perform  other  duties  as  prescribed  by  law.     He  may  be  required 

4  by  either  house  of  the  general  assembly  to  exhibit  his  record  Avith 

5  the  papers,  minutes  and  vouchers  relating  thereto. 


CONSTITUTIONAL  AMENDMENT  AND   REVISION.  239 

Art.  IV,  Sees.  18,  19 

Note. 

Source:     Article  IV,  section  18: 

''The  secretar}^  of  the  commonwealth  shall  Iveep  a  record 
of  all  official  acts  and  proceedings  of  the  governor,  and  Avhen 
required  lay  the  same,  with  all  papers,  minutes  and  vouchers 
relating  thereto,  before  either  branch  of  tlie  general  assembly, 
and  perform  such  otlier  duties  as  may  be  enjoined  uj)Oii  him 
by  law." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Secretary  of  Internal  Affairs. 

\  Section  18.     Until  otherwise  prescribed  by  law,  the  secretary 

2  of  internal  affairs  shall  exercise  the  powers  and  perform  the 

3  duties  prescribed  by  law  when  this  constitution  becomes  effective. 

4  His  department  shall  embrace  a  bureau  of  industrial  statistics. 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Auditor  General  and  State  Treasurer. 

1  Section  19.     The  auditor  general  and  the  state  treasurer  shall 

2  be  chosen  by  the  electors  of  the  commonwealth.     Each   shall 

3  hold  his  office  for  four  years  and  neither  shall  be  eligible  for 

4  the  succeeding  term. 

Note. 
Source:     Article  IV,  section  21: 

"The  terms  of  the  secretary  of  internal  affairs,  the  auditor 
general,  and  the  state  treasurer  sliall  each  be  four  years; 
and  they  shall  be  chosen  by  the  qualified  electors  of  the  state 
at  general  elections,  but  a  state  treasurer,  elected  in  the  year 
one  thousand  nine  hundred  and  nine,  shall  serve  for  three 
years,  and  his  successors  shall  be  elected  at  the  general 
election  in  the  year  one  thousand  nine  hundred  and  twelve, 
and  in  every  fourth  year  thereafter.  No  person  elected  to 
the  office  of  auditor  general  or  state  treasurer  shall  be  cap- 
able of  holding  the  same  office  for  two  consecutive  terms." 
(Amendment  of  November  2,  1909.) 

Changes  in  Substance:  The  secretary  of  internal  affairs  is  omit- 
tevl  because  it  is  recommended  that  his  office  be  made  ap- 
pointive.   See  note  to  Article  IV,  section  8  as  proposed. 


240  REPORT  OF  THE  COMMISSION  ON 

Art.  IV,  Sees.  20,  21 

Changes  in  St»,ie:  The  words  "at  general  elections"  are  omitted 
because  this  requirement  is  stated  in  Article  VII,  section  1 
as  proposed. 


State  Contracts. 


1  Section  20.     No  member  of  the  general  assembly  or  officer  or 

2  employe  of  the  state  government  shall  be  interested  in  a  contract 

3  with  the  state  government,  or  in  furnishing  thereto  materials 

4  or  supplies. 

Note. 
Source:     Part  of  Article  III,  section  12: 

««■  *  *  j^Q  member  or  officer  of  any  dej)artment  of  the 
government  shall  be  in  any  way  interested  in  such  contracts" 
(contracts  for  stationery,  printing,  paper  and-fuel  used  in 
the  legislative  and  other  department  of  the  state  government, 
for  printing  and  binding  and  for  repairing  and  furnishing 
the  halls  and  rooms  used  bj^  the  general  assembly  and  its 
committees)     "*     *     *." 

Changes  in  Substance:  The  section  proposed  extends  the  prin- 
ciple that  an  officer  shall  not  be  interested  in  contracts  with 
the  state  government  to  all  contracts  for  the  selling  or  leas- 
ing of  property  or  in  rendering  to  the  state  government  for 
compensation  services  other  than  official  services.  The  pres- 
ent constitution  merely  prevents  the  officer  having  an 
interest  in  contracts  for  printing  and  binding  for  the  state 
government  and  supplying  furnishings  and  fuel  for  the  capi- 
tol  buildings,  repairs  thereto  and  paper  and  stationery  for 
the  state  government. 

The  section  as  proposed  extends  the  prohibition  to  all  em- 
ployes of  the  state  government  as  well  as  to  all  officers.  The 
present  constitution  confines  the  prohibition  to  officers. 


Public .  Printing  and  Supplies. 

1  Section  21.     The  printing  and  binding  for  the  state  govern- 

2  ment  shall  be  done  under  contract  or  by  the  state  government. 
.'>  Furnishings  and  fuel  for  the  capitol  buildings  and  paper  and 

4  stationery  for  the  state  government  shall  be  made  or  produced 

5  by  the  state  government  or  procured  under  contract.  Contracts 
()  for  work  or  material  designated  in  this  section  shall  be  awarded 
7  to  the  lowest  respousibie  bidder  subject  to  the  approval  of  tlie 
S  auditor  general  and  of  the  state  treasurer. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  241 

Art.  IV,  Sec.  22 

Source:     Part  of  Article  III,  section  12: 

"All  stationery,  printing,  paper  and  fuel  used  in  the  legis- 
lative and  other  departments  of  government  shall  be  fur- 
nished, and  the  printing,  bi^iding  and  distributing  of  the 
laws,  journals,  department  reports  and  all  other  printing 
and  binding,  and  the  repairing  and  furnishing  the  halls  and 
rooms  used  for  the  meetings  of  the  general  assembly  and  its 
committees,  shall  be  performed  under  contract  to  be  given 
to  the  lowest  responsible  bidder  below  such  maximum  price 

and  under  such  regulations  as  shall  be  prescribed  by  law; 

»     *     *  )j 

Changes  in  Substance:  (1)  The  state  government  is  permitted 
to  do  its  own  printing  and  binding  instead  of  being  required 
to  let  all  such  work  on  contract.  This  would  permit  a 
change  in  the  system  if  a  change  should  seem  desirable. 

(2)  ''Fuel  used  in  the  legislative  and  other  departments 
of  government"  has  been  changed  to  "fuel  for  the  capitol 
buildings"  because  that  is  the  principal  place  of  its  use 
where  procuring  by  contract  is  both  feasible  and  prudent. 

(3)  The  requirement  in  regard  to  repairs  of  the  halls  and 
rooms  of  the  general  assembly  is  omitted  because  the  state 
is  now  in  a  position  to  do  its  repair  work  at  the  capitol  build- 
ings. 

(4)  The  provision  that  every  contract  must  be  at  a  figure 
below  a  maximum  price  prescribed  by  law  is  omitted,  becaus(i 
the  Commission  believe  that  the  public  interests  will  be  en- 
tirely protected  by  requiring  the  contract  to  be  awarded  only 
to  the  lowest  responsible  bidder  and  to  be  approved  by  the 
auditor  general  and  by  the  state  treasurer. 

(5)  The  approval  of  the  governor  is  dispensed  with  be- 
cause in  practice  his  approval  has  necessarily  become  a  mere 
matter  of  routine  involving  no  real  personal  consideration  of 
the  proposed  contract. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Seal  and  Commissions. 

1  Section  22.     The  present  great  seal  of  Pennsylvania  shall  be 

2  the  seal  of  the  commonAvealth.     Commissions  shall  be  in  the  name 

3  and  by  the  authority  of  the  commonwealth  of  Pennsylvania.  They 

4  shall  be  sealed  with  the  seal  of  the  commonwealth  and  signed  by 

5  the  governor. 

Note. 
Source:  Article  IV,  section  22: 

"The  present  great  seal  of  Pennsylvania  shall  be  the  seal 
of  the  state.     All  commissions  shall  be  in  the  name  and  by 
authority  of  the  commonwealth  of  Pennsylvania,  and   be 
sealed  with  the  state  seal  and  signed  by  the  governor." 
16 


242  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sec.  1 

Changes  iu  Substance:  None. 

Changes  iu  Style:  The  Commissiou's  rules  ot   style  have  boeu 
lollowed. 


ARTICLE  V. 


THE  JUDICIARY. 


Preliminary  Note. 

Source:  Article  V  of  the  present  Constitution. 

Arrangement : 

Vesting  of  judicial  power — section  1. 

Supreme  court  and  its  jurisdiction — sections  2,  3,  4. 

Superior  court  and  its  jurisdiction — sections  5,  6. 

Courts  of  common  pleas  and  their  jurisdiction — sections  7 

to  10,  inclusive. 
Criminal  courts — section  11. 
Orphans'  courts — section  12. 
Justices  of  the  peace — sections  13,  14. 

Provisions  common  to  all  courts — sections  15  to  20,  inclusive. 
Appeals — sections  21,  22. 
Procedural  matters — sections*  23  to  25,  inclusive. 

Judicial  Power. 

1  Section  1.     The  judicial  jiower  of  the  commomvealth  shall  be 

2  vested  in  a  supreme  court,  a  superior  court,  in  courts  of  common 

3  pleas,  courts  of  oyer  and   terminer  and  general  jail  delivery, 

4  courts  of  quarter  sessions  of  the  peace,  orphans'  courts,  justices 

5  of  the  peace,  and  iu  such  other  courts  as  may  from  time  to  time 

6  be  established  by  law. 

Note. 
Source:  Article  V,  section  1: 

"The  judicial  power  of  this  commonwealth  shall  be  vested 
in  a  supreme  court,  in  courts  of  common  pleas,  courts  of  oyor 
and  terminer  and  general  jail  delivery,  courts  of  quarter 
sessions  of  the  peace,  orphans'  couits,  nmgistrates'  courts, 
and  in  such  otlier  courts  as  the  genei'al  assembly  may  from 
time  to  time  establish." 

Changes  in  Substance:  The  superior  court  is  adffed  as  a  con- 
stitutional court. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  243 

Art.  V,  Sees.  2,  3 

Changes  in  Style:  The  words  ''justices  of  the  peace"  have  been 
nsed  as  more  accurate  than  "magistrates'  courts." 


Supreme  Court. 

1  Section  2.     The  supreme  court  shall  consist  of  seven  judges 

2  learned  in  the  law,  Avho  shall  have  the^  title  of  justice,  chosen 

3  by  the  electors  of  the  commonwealth.     They  shall  hold  office 

4  for  twenty-one  years  and  shall  not  again  be  eligible.    The  judge 

5  longest  in  continuous  service  shall  be  chief  justice. 

Note. 
Source:  Article  V,  section  2: 

"The  supreme  court  shall  consist  of  seven  judges,  who 
shall  be  elected  hj  the  qualified  electors  of  the  state  at  large. 
They  shall  hold  their  offices  for  the  term  of  twenty-one  years, 
if  they  so  long  behave  themselves  well,  but  shall  not  be 
again  eligible.  The  judge  whose  commission  shall  first  ex- 
pire shall  be  chief  justice,  and  thereafter  each  judge  whose 
commission  shall  first  expire  shall  in  turn  be  chief  justice." 

Changes  in  Substance:  The  requirement  that  the  justices  of  tbe 
court  shall  be  learned  in  the  law  has  been  added. 

Changes  in  Style: 

(1)  The  words  "who  shall  have  the  title  of  justice"  are 
used  because  the  members  of  the  supreme  court  are  always 
so  designated  in  practice,  although  it  is  desirable  that  they 
should  be  considered  "judges"  on  account  of  numerous  other 
provisions  of  the  constitution  referring  to  all  judges,  in- 
cluding the  members  of  the  supreme  court. 

(2)  The  language  of  the  final  sentence  is  more  accurate 
than  that  of  the  present  constitution.  "The  judge  whose 
commission  shall  first  expire"'  is  frequently  a  judge  ap- 
pointed to  fill  a  vacancy  and  holding  a  commission  which 
will  expire  at  the  end  of  the  next  session  of  the  senate. 


Jurisdiction  of  Supreme  Court.* 

1  Section  3.     The  jurisdiction  of  the  supreme  court  shall  ex- 

2  tend  over  the  state,  and  the  judges  thereof  sliall,  by  virtue  of 

3  their  offices,  be  justices  of  oyer  and  terminer  and  general  jail 

4  delivery  in  the  several  counties.     It  shall  have  original  jurisdic- 

5  tion  in  cases  of  injunction  Avhere  a  corporation  is  a  party  de- 
G  fendant,  of  habeas  corpus,  of  mandamus  to  courts  of  inferior 

7  jurisdiction,  and  of  quo  Avarranto  as  to  officers  of  the  common- 

8  wealth  whos'e  jurisdiction  extends  over  the  state,  but  shall  not 


244  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sec.  4 

0  exercise  other  original  jurisdiction.       The  supreme  court  shall 

10  have  jurisdiction  to  review  in  all  eases  the  action  of  other  courts 

11  and  until  otherwise  prescribed  by  law  the  manner  of  exercising 

12  such  jurisdiction  shall  be  that  prescribed  when  this  constitution 
i;^>  becomes  effective. 

Note. 
Source:  Article  V,  section  3: 

"The  jurisdiction  of  the  supreme  court  shall  extend  over 
the  state,  and  the  judges  thereof  shall,  by  virtue  of  their 
offices,  be  justices  of  oyer  and  terminer  and  general  jail  de- 
livei*}^  in  the  several  counties;  they  shall  have  original  juiis- 
diction  in  cases  of  injunction  where  a  corporation  is  a  iJarty 
defendant,  of  habeas  corpus,  of  mandamus  to  courts  of  in- 
ferior jurisdiction,  and  of  quo  warranto  as  to  all  officers 
of  the  commonwealth  whose  jurisdiction  extends  over  the 
state,  but  shall  not  exercise  any  other  original  jurisdiction ; 
they  shall  have  appellate  jurisdiction  by  appeal,  certiorari 
or  writ  of  error  in  all  cases,  as  is  now  or  may  hereafter  be 
provided  by  law." 

Changes  in  Substance:  None. 

Clarifying  Change:  Under  the  present  constitution  it  is  not 
absolutely  certain  that  the  supreme  court  has  appellate 
jurisdiction  in  all  cases.  Under  the  section  proposed  the 
court  is  given  the  power  to  review,  in  all  cases,  the  action 
of  other  courts. 

Changes  in  Style:  Original  jurisdiction  in  the  enumerated  cases 
is  vested  in  the  court  itself.  This  accords  with  actual  prac- 
tice and  with  the  interpretation  put  upon  the  laiiguage  of 
the  present  constitution  by  the  supreme  court.  See  Wheeler 
v.  Phila.,  77  Pa.  338;  Commonwealth  v.  Hartranff,  77  l*a. 
154;  Clark  v.  Borough'of  Washington,  145  Pa.  560. 


Regulative  Power  and  Duty  of  Supreme  Court. 

1  Section  4.     The   supreme   court   shall   regulate   procedure  in 

2  courts  of  record  and  shall  adapt  the  processes  of  justice  to  the 

3  necessities  of  all  litigants. 

4  In  the  discharge  of  these  duties  it    may    regulate    forms    of 

5  action,  pleading  and  practice,  the  keeping  of  judicial  records, 
G  and  the  conditions  under  which  fees  and  costs  may  be  remitted 

7  and  counsel  assigned  without  expense  to  litigants. 

8  Kegulations,  when  promulgated  by  the  chief  justice,  shall  have 
0  the  force  of  law  until  modified  by  law  and  shall  operate  to  repeal 

10  laws  theretofore  enacted  inconsistent  with  such  regulations. 

11  Subject  to  law  and  to  such  regulations,  courts  of  record  shall 

12  have  the  power  to  make  their  own  rules. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  245 

Art.  V,  Sees.  5,  6 

Note. 
Source:  This  is  eutirely  ne>v  matter  covering  two   principles: 

(1)  That  the  supreme  court  should  regulate  judicial  pro- 
cedure, and 

(2)  That  the  supreme  court   should  speciall}^  regulate  ju- 
dicial procedure  in  behalf  of  the  j^oor. 

The  Commission  recommend  the  embodiment  of  the  first  of 
these  principles  in  the  constitution  because  the  supreme 
court  is  better  fitted  than  the  general  assembly  to  adapt 
judicial  procedure  to  changing  conditions.  A  legislative 
body  is  not  constituted  for  the  consideration  of  such  ques- 
tions of  detail  as  necessarily  arise  in  connection  with  every 
kind  of  litigation.  Accordingly  the  Commission  have 
recommended  a  system  similar  to  that  in  use  in  England, 
where  it  has  met  with  success  and  with  unusual  satisfac- 
tion. It  will  be  o])served  that  the  force  of  the  rules  of  the 
supreme  court  in  this  respect  is  made  equal  to  that  of  sta- 
tutes but  no  greater. 

The  Commission  also  recommend  that  the  supreme  court 
should  be  directed  to  "adapt  the  processes  of  justice  to  the 
necessities  of  all  litigants,"  and,  in  this  connection,  shall 
regulate  the  condition  under  which  fees  and  costs  may  be 
remitted  and  counsel  assigned  without  expense  to  litigants. 


Superior  Court. 


Section  5.  The  superior  court  shall  consist  of  seven  judges 
learned  in  the  law,  chosen  b}'  the  electors  of  the  commonwealth. 
T]\e\  shall  hold  office  for  t\^■enty-one  years  and  shall  not  agaiji 
be  eligible.  The  judge  longest  in  continuous  service  shall  be 
president  judge. 

Note. 

Source :  This  is  eutirely  new  matter.  The  superior  court  is  made 
a  constitutional  court.  The  provision  in  regard  to  the 
length  of  the  term  of  a  judge  of  the  court,  and  the  prohibition 
against  re-election,  are  made  similar  to  those  which  pertain 
to  the  judges  of  the  supreme  court. 


Jurisdiction  of  Superior  Court. 

1  Section  6.     Until  otherwise  prescribed  by  law,  the  superior 

2  court  shall  have  the  jurisdiction  vested  in  it  v/hen  this  consti- 

3  tution  becomes  effective. 

Note. 

Soiirce:  This  is  entirelj^  new  matter,  made  necessary  by  tlie  jirc- 
cediug  section. 


24G  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sees.  7,  8 

Judicial  Districts. 

1  Section  7.     The  state  shall  be  divided  by  law  into  judicial 

2  districts.     A  county  having  fifty  thousand  inhabitants  may  con- 

3  stitute  a  separate  district.     No  county  shall  be  divided  in  the 

4  formation  of  a  district  and  not  more  than  four  counties  sliall  be 

5  'included  in  a  district. 

Note. 
Source:     (1)   Part  of  Article  V,  s;ection  5: 

"Whenever  a  county  shall  contain  forty  thousand  inhabit- 
ants it  shall  constitute  a  separate  judicial  district,  and 
shall  elect  one  judge  learned  in  the  law;  and  the  generni 
assembly  shall  provide  for  additional  judges,  as  the  busi- 
ness of  said  districts  may  require.  Counties  containing  a 
population  less  than  is  sufficient  to  constitute  separate  dis- 
tricts shall  be  formed  into  convenient  single  districts,  or,  if 
necessary,  may  be  attached  to  contiguous  districts  as  the 
general  assembly  may  provide.     *     *     *" 

(2)     Part  of  Article  V,  section  4: 

a*  -X-  *  j^^^  more  than  four  counties  shall  at  any  time 
be  included  in  one  judicial  district  organized  for  said 
courts." 

Changes  in  Substance:  The  present  constitution  requires  every 
county  with  a  population  of  forty  thousand  to  form  a  sepa- 
rate district.  This  is  changed  so  that  a  county  of  fifty  thou- 
sand will  be  permitted  cr  obliged  to  become  a  separate  dis- 
trict, according  to  the  judgment  of  the  law-making  power. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Courts  of  Common  Pleas. 

1  Section  8.     In  each  county  there  shall  be  a  court  of  common 

2  pleas  consisting  of  one  or  more  judges  learned  in  the  law,  chosen 

3  by  the  electors  of  the  judicial  district  in  which  the  county  is 

4  situated.     They  shall  hold  office  for  ten  years.     The  judge  long- 

5  est  in  continuous  service  shall  be  the  president  judge.     The  office 

6  of  associate  judge  not  learned  in  the  law  is  abolished,  but  asso- 

7  ciate  judges  in  office  when  this  constitution  becomes  effective 

8  shall  hold  office  for  their  unexpired  terms. 

Note. 
Source:     (1)   Favt  of -Article  V,  section  4: 

''Until  otherwise  d-irected  bj^  law,  the  courts  of  common 
pleas  shall  continue  as  at  present  established,  except  as 
herein  changed;     *     *     *" 


CONSTITITTIONAL  AMENDMENT  AND  REVISION.  247 

Art.  V,  Sec.  9 

(2)  Part  of  Article  V,  section  15: 

"All  judges  required  to  be  learned  in  tlie  law,  except  the 
judges  of  the  supreme  court  shall  be  elected  b}'  the  qualiiied 
electors  of  the  resjiective  districts  over  which  they  are  to 
preside,  and  shall  hold  their  offices  for  the  period  of  ten 
years,  if  they  shall  so  long  behave  themselves  well ;    *    *    *." 

(3)  Part  of  Article  V,  section  5: 

u*  *  *  rpjj^^  office  of  associate  judge,  not  learned  in 
the  law,  is  abolisJied  in  counties  forming  separate  districts ; 
but  the  several  associate  judges  in  office  when  this  constitu- 
tion shall  be  adopted  shall  serve  for  their  unexpired  terms." 

Changes  in  Substance:  (1)  The  Commission  suggest  that  the 
long-established  practice  in  regard  to  the  office  of  president 
judge  be  made  part  of  the  constitution  for  the  sake  of  uni- 
formity with  the  sections  dealing  with  the  other  courts. 

(2)  The  present  constitution  abolished  the  office  of  asso- 
ciate judge  not  learned  in  the  law  in  counties  forming- 
separate  districts.  The  Commission  recommend  that  this 
office  should  now  be  abolished  in  the  twenty  counties  where 
it  still  exists,  saving  to  the  present  associate  judges  the 
right  to  serve  tlieir  unexpired  terms. 

Clarifying  Change:  The  proposed  new  section  states  expressly 
that  there  sliall  be  a  court  of  common  pleas  in  each  county. 
The  constitutioH  of  1776  refers  to  such  courts  (see  section 
the  twenty-fourth),  and  the  constitution  of  1790,  Article  V, 
section  4.  expressly  provided  for  such  courts. 

The  Commission  recommend  the  insertion  of  this  clause 
for  the  sake  of  clearness,, believing  that  the  sj^stem  is  satis- 
factory and  that  there  will  be  no  reason  for  abandoning  it. 

Changes  in  Style:  The  words  "if  they  shall  so  long  behave  them- 
selves well,"  in  Article  V,  section  15,  of  the  present  constitu- 
tion, are  omitted  as  uunecessar3^  The  constitution  desig- 
nates the  ways  in  which  a  judge  may  be  removed  from 
office.  (See  Article  VII,  sections  G  and  7  as  proposed.) 
When  a  definite  term  of  office  for  a  judge  or  other  officer  is 
prescribed,  the  incumbent  of  the  office  has  a  right  to  the 
office  until  his  term  expires,  irrespective  of  his  behavior, 
unless  removed  in  one  of  the  ways  designated  in  the  consti- 
tution. 


Jurisdiction  of  Courts  of  Common  Pleas. 

Section  1).  The  court  of  common  pleas  of  each  county  shall 
have  original  jurisdiction  in  civil  cases  except  where  such  juris- 
diction shall  be  vested  by  law  in  other  courts.  It  shall  have 
power  to  issue  writs  of  certiorari  to  justices  of  the  peace  and  to 
courts  not  of  record  and,  except  where  otherwise  prescribed  by 


248  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sec.  9 

6  law  shall  have  jurisdiction  in  appeals  from  justices  of  the  peace. 

7  It  shall  have  the  cliancery  jurisdiction  vested  in  the  courts  of 

8  common  pleas  when  this  constitution  becomes  effective. 

n         In  addition  to  the  powers  conferred  in  this  section,  and  until 

10  otherwise  prescribed  by  law,  the  courts  of  common  pleas  shall 

11  have  the  jurisdiction  vested  in  them  when  this  constitution  be- 

12  comes  effective. 

13  A  judge  of  a  court  of  common  pleas  shall  be,  in  the  county,  a 
14:     justice  of  the  peace  as  to  criminal  matters. 

Note. 
Source:     (1)     Part  of  Article  V,  section  0: 

"Judges  of  the  courts  of  common  pleas  learned  in  the  law 
*  *  *  within  their  respective  districts  shall  be  justices  of 
the  peace  as  to  criminal  matters." 

(2)  Article  V,  section  10: 

''The  judges  of  the  courts  of  common  pleas,  within  their 
respective  counties,  shall  have  power  to  issue  writs  of  cer- 
tiorari to  justices  of  the  peace  and  other  inferior  courts  not 
of  record,  and  to  cause  their  proceedings  to  be  brought  before 
them,  and  right  and  justice  to  be  done." 

(3)  Article  V,  section  20: 

"The  several  courts  of  common  pleas,  besides  the  powers 
herein  conferred,  shall  have  and  exercise  within  their  re- 
spective districts,  subject  to  such  changes  as  may  be  made  by 
law,  such  chancer}'  powers  as  are  now  vested  by  law  in  the 
several  courts  of  common  pleas  of  this  commonwealth,  or 
as  may  hereafter  be  conferred  upon  them  by  law." 

Changes  in  Substance:  (1)  All  original  civil  jurisdiction  not 
vested  by  law  in  other  courts  is  expressly  vested  in  the 
courts  of  common  pleas, 

(2)  Jurisdiction  in  appeals  from  justices  of  the  peace  is 
expressly  conferred  upon  the  courts  of  common  pleas  except 
where  othenvise  prescribed  by  law.  The  present  constitu- 
tion gives  to  a  court  of  common  pleas  the  right  to  issue  a 
certiorari  to  justices  of  the  peace  and  magistrates,  but  gives 
to  the  litigant  no  right  of  appeal. 

Clarifying  Changes:  Under  the  present  constitution,  it  is  not 
clear  whether  chancery  jurisdiction  can  be  given  to  courts 
other  than  the  courts  of  common  pleas  and  the  orphans' 
courts.  An  orphans'  court,  by  its  nature,  Avhich  uiay  be 
implied  from  its  name,  may  and  does  have  chancery  powers. 
(See  also  Moi^au  v.  Eeel,  213  Pa.  81.)  Article  V,  section  20, 
of  the  present  constitution,  makes  the  chancery  juris<liction 
of  the  courts  of  common  pleas  subject  to  such  changes  as 
may  be  made  by  law.  The  language  of  the  section  makes  it 
probable  but  not  certain  that  those  courts  could  be  deprived 


CONSTITUTIONAL  AMENDMENT  AND  RE\^ISION.  249 

Art.  V,  Sec.  10 

by  law  of  all  clianeery  jurisdiction.  There  is  nothing  in  the 
section  to  prevent  other  courts  being  vested  with  clianeery 
jurisdiction. 

Article  V,  section  10,  of  the  present  constitution,  gives  to 
the  judges  of  the  courts  of  common  pleas  the  power  to  issue 
writs  of  certiorari  to  justices  of  the  peace  and  other  inferior 
courts  not  of  record.  Again,  there  is  nothing  in  the  section 
to  make  the  power  vested  in  the  courts  of  common  pleas  an 
exclusive  power. 

On  the  other  hand,  Article  Y,  sectioji  20,  of  the  present 
constitution,  provides:  *'*  *  *  tlie  general  assembly  is 
is  hereby  prohibited  from  creating  other  courts  to  exercise 
the  powers  vested  bj-  this  constitution  in  the  judges  of  the 
courts  of  common  pleas  and  orphans'  courts."  The  effect  of 
this  section  is  uncertain.  Either  it  means  that  a  power 
vested  exi)ressly  or  impliedly  as  an  exclusive  power  is  ex- 
clusive, or  it  means  that  any  pow^er  whether  it  is  vested  as 
an  exclusive  power  or  not,  it  to  be  regarded  as  an  exclusive 
power. 

In  order  to  avoid  the  uncertainty  arising  from  section  20. 
we  have  recommended  that  it  be  omitted. 

The  section  as  proposed  is  so  worded  as  to  vest  in  the 
common  pleas  courts  the  chancery  jurisdiction  vested  by 
law  when  the  constitution  as  proposed  becomes  effective. 
Tlie  clianeery  jurisdiction  uuiv'  thereafter  be  increased  but 
not  diminished.  The  section  as  proposed  also  vests  in  the 
common  pleas  courts  jurisdiction  to  issue  writs  of  certiorari 
to  justices  of  the  peace  and  inferior  courts  not  of  record. 
This  accords  with  Article  Y,  section  10  of  the  present  consti- 
tution. On  the  other  hand,  there  will  be  nothing  to  prevent 
other  courts  being  vested  by  law  with  a  similar  power. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Common  Pleas  Court  in  Philadelphia. 

1  Section  10.     In  the  county  of  Philadelphia  the  jurisdiction  of 

2  the  several  courts  of  common  pleas  shall  be  vested  in  one  court 

3  of  common  pleas.    Until  otherwise  prescribed  by  law,  the  court 

4  shall  be  composed  of  fifteen  judges.     The  first  judges  shall  be 

5  those  holding  office  in  the  several  courts  of  common  pleas  when 

6  this  constitution  becomes  effective.     The  judge  longest  in  con- 

7  tinuous  service  shall  be  president  judge. 

Note. 
Source:     This  is  entirely  new  matter. 

Philadelphia  is  the  only  county  which  does  not  now  have 
a  single  court  of  common  pleas.  If  section  8  of  this  article, 
as  proposed  by  the  Commission,  is  adoi)ted,  it  is  necessary 


250  REPORT  OF  THE  POMMISSION  ON 

Art.  V,  Sees.  11,  12 

to  specially  provide,  in  the  constitution  or  in  a  schedule 
adopted  with  the  constitution,  for  the  consolidation  of  the 
existing  courts  of  common  pleas  in  Philadelphia. 

We  believe  that  in  Philadelphia  the  demand  for  the  con- 
solidation of  the  existing  courts  of  common  pleas  is  very 
general.  An  amendment  to  the  present  constitution  effecting 
this  consolidation  has  already  been  passed  by  one  general 
assembly. 


Criminal  Courts. 


1  J^ection  11.     In  each  county  there  shall  be  a  court  of  oyer  and 

2  terminer  and  general  jail  delivery  and  a  court  of  quarter  sessions 

3  of  the  peace.     The  judges  of  the  court  of  common  pleas  of  the 

4  county  shall  be  the  judges  of  such  courts. 

Note. 
Source:     Part  of  Article  V,  section  9: 

"Judges  of  the  courts  of  common  pleas  learned  in  the  law 
shall  be  judges  of  the  courts  of  oyer  and  terminer,  quarter 
sessions  of  the  peace  and  general  jail  delivery,  and  of  the 
orphans'  court,     *     *     *." 

Changes  in  Substance:     None. 

Clarifying  Changes:  The  present  constitution  creates  courts  of 
oyer  and  terminer  and  general  jail  delivery,  and  courts  of 
quarter  sessions  of  the  peace,  in  Article  V,  section  1,  but 
fails  to  state  in  terms  where  those  courts  shall  be  situated. 
This  omission  is  corrected  by  stating  that  there  shall  be 
such  coiirts  in  each  county,  thus  following  the  long-estab- 
lished practice. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Orphans'  Courts. 

1  Section  12.     In  each  county  there  shall  be  an  orphans'  court. 

2  In  a  county  having  more  than  one  hundred  and  fifty  thousand 

3  inhabitants  there  may  be  a   separate  orphans'  court  with  the 

4  jurisdiction  of  orphans'  courts  when  this  constitution  becomes 

5  effective  and  with  other  jurisdiction  as  prescribed  by  law.    Such 

6  courts  shall  consist  of  one  or  more  judges  learned  in  the  law, 

7  chosen  by  the  electors  of  the  county.    They  shall  hold  office  for 

8  ten  years.    The  judge  longest  in  continuous  service  shall  be  presi- 

9  dent  judge. 

10  In  a  county  with  a  separate  orphans'  court,  the  register  of 

11  wills  of  the  county  shall  be  the  clerk  thereof.    He  shall  appoint 

12  assistant  clerks  only  with  the  approval  of  the  court.    Accounts 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  251 

Art.  V,  Sec.  12 

13  filed  with  him  as  register  or  as  clerk  shall  be  audited  by  the 

14  court  without  expense  to  the  parties,  uuless  the  court  shall  ap- 

15  point,  in  its  discretion',  an  auditor  nominated  by  all  parties  in 

16  interest  re[/reseuLed  in  the  proceeding. 

17  In  a  county  without  a  separate  orphans'  court,  the  judges  of 

18  the  court  of  common  pleas  shall  be  the  judges  of  the  orphans' . 

19  court,  but  only  until  the  establishment  of  a  separate  orphans' 

20  court. 

Note. 
Source:     [1)     Part  of  Article  V,  section  22: 

"In  every  county  wherein  the  population  shall  exceed  one 
hundred  and  fifty  thousand,  the  general  assembly  «hall,  and 
in  any  other  county  may,  establish  a  separate  orphans'  court, 
to  consist  of  one  or  more  judges  who  shall  be  learned  -in  the 
law,  which  court  shall  exercise  all  the  jurisdiction  and 
powers  now  vested  in  or  which  may  hereafter  be  conferred 
upon  the  orphans'  courts,  and  thereupon  the  jurisdiction  of 
the  judges  of  the  court  of  common  pleas  within  such  county, 
in  orphans'  court  proceedings  shall  cease  and  determine. 
In  any  county  in  which  a  separate  orphans'  court  shall  be 
established,  the  register  of  wills  shall  be  clerk  of  such  court, 
and  subject  to  its  directions,  in  all  matters  pertaining  to 
his  office ;  he  may  appoint  assistant  clerks,  but  only  with  the 
consent  and  approval  of  said  court.  AU  accounts  filed  with 
him  as  register  or  as  clerk  of  the  said  separate  orphans'  court 
shall  be  audited  by  the  court  Vvithout  expense  to  parties, 
excei)t  where  all  parties  in  interest  in  a  pending  proceeding 
sliall  nominate  an  auditor  whom  the  court  may,  in  its  dis- 
cretion, appoint     *     *     *." 

(2)  Part  of  Article  V,  section  15: 

"All  judges  required  to  be  learned  in  the  law,  except  the 
judges  of  the  supreme  court,  shall  be  elected  by  the  qualified 
electors  of  the  respective  districts  over  Avhich  they  are  to 
preside,  and  shall  hold  their  offices  for  the  period  of  ten 
years,  if  they  shall  so  long  behave  themselves  well    *    *    *" 

(3)  Part  of  Article  V,  section  9: 

"Judges  of  the  courts  of  common  pleas  learned  in  the  law 
shall  be  judges     *     *     *     of  the  orphans'  court     *     *     *" 

Changes  in  Substance:  (1)  The  present  constitution  requires 
a  separate  or])hans'  court  in  a  county  having  a  population 
of  over  150,000  and  permits  a  separate  orphans'  court  in  any 
county.  In  the  proposed  new  section,  a  separate  orphans' 
court  is  permitted  only  in  a  county  with  over  150,000  in- 
habitants. The  Commission  believe  that  such  a  court  will 
I  never  be  necessary  in  a  smaller  county. 

(2)  The  present  constitution  gave  to  the  orplians'  court 
the  jurisdiction  of  the  then  existing  register's  court.     The 


252  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sec.  13 

constitution  as -^i'oi)osed  gives  to  the  court  the  jurisdiction 
vested  in  such  courts  by  law  when  the  constitution  becomes 
effective. 

(3)  TTie  exception  to  the  provision  that  all  accounts  shall 
be  audited  by  the  court  without  expense  to  parties  is  in  a 
case  where  all  the  parties  in  interest  represented  in  the  pro- 
ceedings consent  to  the  appointment  of  an  auditor.  Under 
the  present  constitution  all  the  parties  in  interest  must 
consent. 

Clarifying  Changes:  (1)  The  principle  that  there  should  be 
an  orphans'  court  in  each  county  is  to  be  inferred  from  the 
present  constitution  and  is  expressly  stated  in  the  proposed 
new  section. 

(2)     It  is  assumed  that  in  the  present  constitution,  the 
•    words  "and  subject  to  its  directions  in  all  matters  pertaining 
to  his  office,"  refer  to  the  office  of  clerk  of  the  orphans'  court, 
and  they  have  therefore  been  omitted  as  surplusage. 

Changes  in  Style:  (1)  The  words  "if  they  shall  so  long  behave 
themselves  well/'  iu  article  V,  section  15,  of  the  present 
constitution,  are  omitted  because  included  in  Article  VII, 
section  7,  as  proposed.     (See  note  to  Article  V,  section  8.) 

(2)  By  omitting  Article  V,  section  26,  of  the  present 
constitution,  we  make  it  clear  that  this  section  vests  in  the 
orphans'  court  certain  jurisdiction,  but  does  not  make  the 
jurisdiction  vested  exclusive.  (See  note  to  Article  V,  sec- 
tion 9.) 


Justices  of  the  Peace  Not  in  Philadelphia. 

1  Section  13.     Each  county,  except  the  county  of  Philadelphia, 

2  shall  be  divided  by  its  court  of  common  pleas  into  justice  of  the 

3  peace  districts.    A  borough,  township  or  city  with  a  population 

4  of  fifty  thousand  or  less  shall  not  be  divided.    A  district  may  be 

5  composed  of  two  or  more  townships  or  boroughs  or  any  borough 
G  or  township  may  be  attached  to  a  district  comprising  all  or  a 

7  portion  of  a  city.    In  a  city  with  a  population  of  more  than  fifty 

8  thousand,  the  number  of  inhabitants  shall  be  divided  by  fifty 

9  thousand  and  the  number  of  districts  to  which  the  city  shall  be 

10  entitled  shall  be  the  quotient.     Population  shall  be  determined 

11  by  the  latest  United  States  decennial  census.     After  each  de- 

12  cennial  census  the  court  of  common  pleas  may  create  new  dis- 

13  tricts  and  may  change  the  boundaries  of  districts.     After  any 

14  such  revision  of  the  districts,  no  new  district  shall  be  created  and 

15  no  change  of  boundary  shall  be  made  prior  to  the  next  decennial 

16  census. 

17  In  each  district  one  justice  of  the  peace  shall  be  chosen  by 

18  the  electors  at  a  municipal  election.    He  shall  have  been  a  resi- 

19  dent  of  his  district  for  two  years  next  preceding  the  election 

20  unless  absent  on  tlie  public  business  of  the  United  States,  of  the 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  253 

Art.  V,  Sec.  13 

21  state  government  or  of  a  municipality  of  the  commonwealth. 

22  He  shall  hold  office  for  six  years  from  the  first  Monday  after 

23  his  election.    Upon  petition  of  at  least  two  hundred  electors  of 

24  the  district  setting  forth  a  reasonable  cause  for  his  removal,  he 

25  shall  be  removed  from  office  by  the  court  of  common  pleas  if  the 

26  court,  after  hearing,  finds  such  cause  to  exist.    In  such  event  a 

27  justice  of  the  peace  may  appeal  to  the  superior  court.    A  vacancy 

28  in  the  office  of  justice  of  the  peace  shall  be  filled  by  the  governor. 

29  For  services  rendered  in  judicial  proceedings  a  justice  of  the 

30  peace  sJiall  receive  a  salary  prescribed  by  law  and  paid  by  the 

31  county,  and  no  other  compensation.     Fees,  fines  and  penalties 

32  received  in  judicial  proceedings  by  a  justice  of  the  peace  shall  be 

33  paid  into  the  county  treasury  for  the  use  of  the  county. 

34  Until  otherwise  prescribed  by  law,  justices  of  the  peace  in  any 

35  county  shall  have  the  jurisdiction  and  powers  of  the  justices  of 

36  the  peace  of  the  county  existing  when  this  constitution  becomes 

37  efl'ective. 

38  Justices  of  the  peace  in  office  when  this  constitution  becomes 

39  effective  shall  serve  their  unexpired  terms.     On  the  expiration 

40  of  such  terms,  the  office  of  justice  of  the  peace  as  theretofore 

41  existing  is  abolished.    Vacancies  occurring  prior  to  the  expira- 

42  tion  of  such  terms  shall  not  be  filled. 

Note. 
Source:     Article  X,  section  11: 

''Except  as  otherwise  provided  in  this  constitution,  jus- 
tices of  the  peace  or  aldermen  shall  be  elected  in  the  several 
wards,  districts,  boroughs  or  townships,  by  the  qualified 
electors  thereof,  at  the  municipal  election,  in  such  manner  as 
shall  be  directed  by  law,  and  shall  be  commissioned  by  the 
governor  for  a  term  of  six  years.  No  township,  ward,  dis- 
trict or  borough  shall  elect  more  than  two  justices  of  the 
peace  or  aldermen  without  the  consent  of  a  majority  of  the 
qualified  electors  within  such  township,  ward  or  borough ; 
no  person  shall  be  elected  to  such  office  unless  he  shall  have 
resided  Avithin  the  township,  borough,  ward  or  district  for 
one  year  next  preceding  his  election.  In  cities  containing 
over  fifty  thousand  inhabitants,  not  more  than  one  alder- 
man shall  be  elected  in  each  ward  or  district."  (Amendment 
of  November  2,  1909.) 

Changes  in  Substance:  (1)  Instead  of  electing  justices  of  the 
peace  according  to  wards,  boroughs  or  townships,  they  will 
be  elected  according  to  districts  formed  by  the  court  of  com- 
mon pleas  of  the  county  in  the  manner  indicated. 

(2)  There  can  be  but  one  justice  of  the  peace  in  a  district, 
instead  of  two  or  more  as  under  the  present  constitution. 

(3)  Two  years'  residence  in  the  district  immediately  pre- 
ceding his  election  is  required,  instead  of  one  year.  Absence 
on  public  business  is  not  to  be  reckoned  as  a  loss  of  resid- 
ence. 


254  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sec.  14 

(4)  The  provisions  for  removal  by  tlie  court  of  common 
pleas  and  for  the  filling  of  vacancies  b}'  the  governor  are 
nevv^. 

(5j  The  provisions  in  regard  to  salary,  fees,  fines  and 
penalties,  are  new. 

(Jhauge  in  Style:  The  substance  of  the  i)rovisions  in  regard  to 
the  time  of  elections  has  been  transferred  to  Article  VII. 
section  1,  as  proposed. 


Justices  of  the  Peace  in  Philadelphia. 

1  Section  14.     The  county  of  Philadelphia  shall  be  divided  by  its 

2  court  of  common  pleas  into  eighteen  justice  of  the  peace  dis- 

3  tricts  as  nearly  equal  in  population  as  possible.     After  each 

4  United  States  decennial  census,  the  court  of  common  pleas  may 

5  create  new  districts  and  may  alter  the  boundaries  of  districts. 

6  After  any  such  revision  of  the  districts,  no  new  district  shall  be 

7  created  and  no  change  of  boundary  shall  be  made  prior  to  the 

8  next  decennial  census.    The  number  of  districts  shall  not  exceed 

9  one  for  each  one  hundred  thousand  of  population, 

10  In  each  district  of  one  justice  of  the  peace  learned  iir  the  law 

11  shall  be  chosen  by  the  electors  of  tlie  district  at  jr  muncipal  elec- 

12  tion.     His  other  qualificatious,  his  term,  and  the  method  of  his 

13  removal  and  of  filling  a  vacancy  in  his  ofifice  shall  be  as  in  the 

14  case  of  justices  of  the  peace  in  other  counties.     For  services 

15  rendered  in  judicial  proceedings,  lie  shall  receive  a  salary  pre- 

16  scribed  by  law  and  paid  by  the  county  and  no  other  compensa- 

17  tion.     Fees,  fines  and  penalties  received  in  judicial  proceedings 

18  by  a  justice  of  the  peace  shall  be  paid  into  the  county  treasury 

19  for  the  use  of  the  county. 

20  A  justice  of  the  peace  sliall  hold  a  court  not  of  record  of  police 

21  and  civil  causes.    His  jurisdiction  in  civil  matters  shall  be  lim- 

22  ited  to  matters  involving  three* hundred  dollars  or  less  and  ex- 

23  cept  as  otherwise  provided  in  this  section  shall  be  similar  to 

24  that  of  justices  of  the  peace  in  other  counties.     No  political 

25  duties  shall  be  imposed  on  him. 

26  Rules  of  procedure  for  the  justices  of  the  peace  not  incon- 

27  sistent  with  law  or  with  the  regulations  of  the  supreme  court 

28  shall  be  prescribed  by  the  court  of  common  pleas  of  the  county 

29  of  Philadeli)hia. 

30  Magistrates  in  office  when  this  constitution  becomes  effective 

31  shall  serve  their  unexpired  terms.     On  the  expiration  of  such 

32  terms,  the  office  of  magistrate  as  theretofore  existing  is  abolished. 

33  Vacancies  occurring  prior  to  the  expiration  of  such  terms  shall 

34  not  be  filled. 

35  The  provisions  of  this  section  may  be  changed  or  abolished  by 

36  law. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  255 

Art.  V,  Sec.  14 

Note. 
Source:     (1)  Article  V,  section  12: 

''In  Philadelphia  there  shall  be  established,  for  "each  thirty 
thousand  inhabitants,  one  court,  not  of  record,  of  police  and 
civil  causes,  Avith  jurisdiction  not  exceeding  one  hundred  dol- 
lars;   such  courts  shall  be  held  by  magistrates  whose  term 

.  of  office  shall  be  six  years  and  they  shall  be  elected  on  general 
ticket  at  the  municipal  election,  by  the  qualified  voters  at 
large;  and  in  the  election  of  the  said  magistrates  no  voter 
shall  vote  for  more  than  two-thirds  of  the  number  of  persons 
to  be  elected  when  more  than  one  are  to  be  chosen;  They 
shall  be  compensated  only  by  fixed  salaries  to  be  paid  by 
said  county;  and  shall  exercise  such  jurisdiction,  civil  and 
criminal,  except  as  herein  provided,  as  is  now  exercised  by 

.  aldermen,  subject  to  such  changes,  not  involving  an  increase 
of  civil  jurisdiction  or  conferring  political  duties,  as  may 
be  made  hj  law.  In  Philadelphia  the  office  of  aldermen  is 
abolished." — (Amendment  of  November  2,  1909.) 

(2)     Article  Y,  section  13: 

''AH  fees,  fines  and  penalties  in  said  courts  shall  be  paid 
into  the  county  treasury." 

Changes  in  Substance:     (1)  Justices  of  the  peace  learr  ti  id  die 
law  are  substituted  for  magistrates. 

(2)  One  justice  of  the  peace  is  to  be  elected  in  v'ach  of 
the  districts  formed  by  the  court  of  common  pleas. 

(3)  There  is  to  be  one  justice  of  the  peace  for  each  one 
hundred  thousand  of   population   instead  of   a   magistrate 

'  ^         for  each  thirty'  thousand. 

(4)  The  jurisdiction  of  each  juctice  of  the  peace  is  to  be 
similar  to  that  of  justices  of  the  peace  throughout  the  state, 
except  that  in  civil  cases  it  is  limited  to  three  hundred  dol- 
lars. The  assinrilation  to  the  situation  in  other  counties  is 
new. 

(5)  Qualifications  for  office,  except  the  requirement  that 
the  incumbent  shall  be  learned  in  the  law.  and  provisions 
for  removal  and  for  filling  vacancies  are  the  same  as  in  the 
case  of  justices  of  the  peace  in  other  counties.  This  is 
new. 

(G)  The  court  of  common  pleas  is  directed  to  prescribe 
procedure.     This  is  new. 

(7)  The  final  paragraph  permits  tlie  above  system  to  be 
abolished  or  changed  by  law. 

Changes  in  Stjde:     The  section  has  been  entirely  rewritten  and 
the  Commission's  rule  of  stvle  have  been  folloAved. 


256  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sees.  15,  16 

Judgeships  to  be  Numbered. 

1  Section  15,     In  every  court  composed  of  two  or  more  judges 

2  required  to  be  learned  in  the  law,  each  judgeship  shall,  for  the 

3  purpose  of  election  or  appointment  thereto,  be  deemed  a  separate 

4  office  and  be  distinguished  by  number  from  the  other  judgeships 

5  in  the  same  court.     Judgeships  existing  when  this  constitution 

6  becomes  effective  shall  be  taken  to  be  numbered  in  the  respective 

7  courts  in  the  order  of  the  seniority  in  commission  of  the  judges 
S  occupying  them. 

Note. 

Source:  This  is  entirely  new  matter.  The  purpose  is  to  give  to 
the  sitting  judge  in  large  counties  a  greater  advantage  than 
he  now  has  in  election  contests.  If,  for  instance,  the  courts 
of  common  pleas  of  Philadelphia  county  are  consolidated, 
and  if  four  of  the  fifteen  judges  come  up  at  one  time  for  re- 
election, it  will  be  more  difficult  to  defeat  a  sitting  judge 
contending  against  a  limited  number  of  other  candidates 
than  it  would  be  if  all  candidates,  perhaps  a  dozen  or  more, 
were  contending  together  for  four  places.  The  natural  ten- 
dency of  the  voter  is  to  favor  the  sitting  judge  and  this  he 
will  be  more  likely  to  do  if  the  contest  is  plainly  between  that 
judge  and  aspirants  for  his  particular  office. 

The  Commission  believe  that  a  policy  which  tends  to  con- 
tinue judges  in  office  will  promote  the  proper  administration 
of  justice. 


Determining  Priority. 

1  Section   16.     Before  two   or  more  judges  of  the  same  court 

2  begin  service  on  the  same  day,  they  shall  cast  lots  to  determine 

3  who  shall  be  deemed  first  to  have  begun  service  and  shall  certify 

4  the  result  to  the  governor. 

Note. 
Source:     Article  V,  section  17: 

"Should  any  two  or  more  judges  of  the  supreme  court,  or 
any  two  or  more  judges  of  the  court  of  common  pleas  for  the 
same  district,  be  elected  at  the  same  time,  they  shall,  as  soon 
after  the  election  as  convenient,  cast  lots  for  priority  of 
commission,  and  certify  the  result  to  the  governor,  who  shall 
issue  their  commissions  in  accordance  therewith." 

Changes  in  Substance:  The  provisions  are  extended  to  cover 
all  courts,  because  the  question  of  priority  may  arise  in 
any  of  them. 

Under  the  present  constitution  the  lots  have  to  be  cast 
when  two  judges  are  elected  on  the  same  day,  although  one 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  257 

Art.  V,  Sees.  17,  18 

of  them  is  and  the  other  is  not  already  a  member  of  the  court. 
Under  the  wording  proposed,  the  lots  would  have  to  be  cast 
only  when  both  judges  begin  their  service  on  the  same  day. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Residence  of  Judges. 

1  Section  17.     The  judges  of  the  supreme  court  and  of  the  su-- 

2  perior  court  shall  reside  in  the  state.    A  judge  of  another  court 

3  or  a  justice  of  the  peace  shall  reside  in  the  district  for  which  he 

4  has  been  elected. 

Note. 

Source:     Article  V,  section  19: 

"The  judges  of  the  supreme  court,  during  their  contin- 
uance in  office,  shall  reside  within  this  commonwealth;  and 
the  other  judges,  during  their  continuance  in  office,  shall 
reside  within  the  districts  for  which  they  shall  be  respec- 
tively elected." 

Changes  in  Substance:     A  justice  of  the  peace  is  required  to 
reside  within  the  territory  over  which  he  has  jurisdiction. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Compensation  of  Judges  and  of  Justices  of  the  Peace. 

1  Section  18.     A  judge  or  a  justice  of  the  peace  required  to  be 

2  learned  in  the  law  shall  receive  for  his  services  an  adequate  sal- 

3  ary  prescribed  by  law,  and  no  other  compensation.    A  judge  re- 

4  quired  to  be  learned  in  the  law  shall  be  paid  by  the  state  gov- 

5  ernment. 

Note. 

Source:     Article  V,  section  18: 

'*The  judges  of  the  supreme  court  and  the  judges  of  the 
several  courts  of  common  pleas,  and  all  other  judges  re- 
quired to  be  learned  in  the  law,  shall  at  stated  times  receive 
for  their  services  an  adequate  compensation,  which  sliall  be 
fixed  by  law,  and  paid  by  the  state.  They  shall  receive  no 
other  compensation,  fees,  or  perquisites  of  office  for  their 
services  from  any  source,  nor  hold  any  other  office  of  profit 
under  the  United  States,  this  state  or  any  other  state." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  prohibition  against  holding  other  offices 
is  transferred  to  Article  VII,  section  2. 

17 


258  REPORT  OF  TKE  COMMISSION  ON 

Art.  V,  Sees.  19,  20 

Duties  of  Courts  to  be  Judicial  Only. 

1  Section  19.     No  duties  shall  be  imposed  on  a  court  or  judge 

2  except  such  as  relate  to  the  administration  of  justice,  to  the  con- 

3  duct  of  the  business  of  the  court,  or  to  the  conduct  of  elections. 

4  After  the  adjournment  of  the  first  session  of  the  general  assembly 

5  following  the  time  when  this  constitution  becomes  effective,  no 

6  powers  of  appointment  shall  be  exercised  by  a  court  or  judge 

7  except  such  as  relate  to  their  duties  or  to  the  management  of 

8  public  law  libraries,  the  inspection  and  management  of  prisons, 

9  the  visitation  of  public  institutions,  the  condemnation  of  private 

10  property,  and  the  administration  of  public  trusts,  of  public  parks 

11  or  of  public  works.     Other  powers  of  appointment  vested  in  a 

12  court  or  judge  shall  be  abolished  or  vested  elsewhere  by  law. 

Note. 

Source:     (1)     Article  V,  section  21: 

'"No  duties  shall  be  imposed  by  law  upon  the  supreme 
court  or  any  of  the  judges  thereof,  except  such  as  are  judi- 
cial, nor  shall  anj-  of  the  judges  thereof  exercise  any  power 
of  appointment  except  as  herein  provided.  The  court  of 
nisi  prius  is  hereby  abolished,  and  no  court  of  original  juris- 
diction to  be  presided  over  by  any  one  or  more  of  the  judges 
of  the  supreme  court  shall  be  established." 

Changes  in  Substance:  (1)  The  prohibition  against  imposing 
non-judicial  duties  upon  the  judges  of  the  supreme  court  is 
extended  to  all  judges  and  also  to  justices  of  the  peace  in 
Philadelphia.  Instead  of  using  the  ambiguous  words  of  the 
present  constitution  ''no  duties  *  *  *  except  such  as 
are  judicial"  and  "not  conferring  political  duties,"  the  pro- 
posed section  enumerates  the  duties  which  may  be  imposed. 
This  will  avoid  doubt.  Certain  powers  of  appointment  are 
expressly  permitted  to  be  exercised  by  the  courts  in  cases 
in  which  the  Commission  believe  that  this  method  of  ap- 
pointment will  serve  the  public  interests.  Other  powers  of 
appointment,  as,  for  instance,  the  appointment  of  boards 
of  revision  of  taxes  and  of  boards  of  education,  are  to  be 
abolished  or  vested  elsewhere  by  law, 

(2)  The  last  sentence  of  Article  V,  section  12,  of  the 
present  constitution  is  omitted  as  absolete  in  so  far  as  it 
concerns  the  court  of  nisi  prius,  and  as  unnecessary  and  un- 
wise in  so  far  as  it  concerns  other  courts  of  original  juris- 
diction. 

Changes  in  Style:  The  section  has  been  entirely  rewritten,  fol- 
lowing the  Commission's  rules  of  style. 


Power  to  Change  Venue. 

1  Section  20,     The  i^ower  to  change  the  venue  shall  be  vested  in 

2  the  courts  and  exercised  as  prescribed  by  law. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  250 

Art.  V,  Sees.  21,  22 

Note. 

Source:     Article  III,  section  23: 

''Tlie  power  to  cliaiige  the  venue  in  civil  and  criminal  case& 
shall  be  vested  in  the  courts,  to  be  exercised  in  such  manner 
as  shall  be  provided  by  law." 

Changes  in  Substance:     None. 

Changes  in  &tjle:     The  Commission's  rules  of  style  have  been 
followed. 


Appeals  to  Supreme  Court  in  Homicide  Cases. 

1  Section  21.     A  person  sentenced  for  felonious  homicide  may 

2  remove  the  indictment,  record  and  all  proceedings  to  the  supreme 

3  court  for  review. 

Note. 
Source:     Article  V,  section  24: 

''In  all  cases  of  felonious  homicide,  and  in  such  other 
criminal  cases  as  may  be  provided  for  by  law,  the  accused, 
after  conviction  and  sentence,  may  remove  the  indictment, 
record  and  all  proceedings,  to  the  supreme  court  for  re- 
view." 

Changes  in  Substance:     None. 

Changes  in  Style:  The  reference  to  "such  other  criminal  cases 
as  may  be  provided  for  by  law"  has  been  omitted  as  super- 
fluous, and  the  language  has  been  changed  in  accordance 
with  the  Commission's  rules  of  stvle. 


Appeals  From  Courts  Not  of  Record. 

1  Section  22.     A  person  summarily  convicted,  or  a  party  to  a 

2  suit  for  a  penalty  before  a  justice  of  the  peace  or  in  a  court  not 

3  of  record,  may  appeal  to  a  court  of  record  in  the  manner  i)re- 

4  scribed  by  law. 

Note. 

Source:  Article  V,  section  14: 

• 

"In   all   cases   of   summary   conviction   in    this   common- 

Avea  th,  or  of  judgment  in  suit  for  a  penalty  before  a  magis- 
trate, or  court  not  of  record,  either  i)arty  may  appeal  to 
such  court  of  record  as  may  be  prescribed  by  law,  upon  al- 
lov>ance  of  the  appellate  court  or  judge  thereof  upon  cause 
shown." 


260  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sec.  23 

Changes  in  Substance:  The  concluding  words  "ui)on  allowance 
of  the  appellate  court  or  judge  thereof  upon  cause  shown," 
have  been  omitted  because  the  Coniniissiun  believe  that  an 
appeal  should  be  a  matter  of  right  in  the  two  specified  cases 
without  requiring  a  special  allocation  from  a  judge. 

('hanges  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Process  and  Indictments. 

1  Section  23.    The  style  of  process  shall  be  "The  Commonwealth 

2  of  Pennsylvania."    Prosecutions  shall  be  carried  on  in  the  name 

3  and  by  the  authority  of  the  commonwealth  of  Pennsylvania.    In- 

4  dictments  shad  conclude  "against  the  peace  and  dignity  of  the 
.")  commonwealth  of  Pennsylvania." 

Note. 
Source:  Article  V,  section  23: 

''The  style  of  all  process  shall  be  'The  Commonwealth  of 
Pennsjdvauia.'  All  prosecutions  shall  be  carried  on  in  the 
name  and  b}^  the  authority  of  the  commonv/ealth  of  Pennsyl- 
vania, and  conclude  'against  the  peace  and  dignity  of  the 
same.' " 

Changes  in  Substance:  None. 

('hanges  in  Style:  (1)  The  present  constitution  provides  that 
"prosecutions  shall  *  *  *  conclude  'against  the  peace 
and  dignity  of  the  same.'  "  These  words  are  copied  from  the 
constitutions  of  1838  an*d  of  1790.  Obviously  they  are  mean- 
ingless. What  is  really  intended  is  that  indictments  shall 
so  conclude.  This  is  made  clear  by  section  the  twenty- 
seventh  of  the  second  article  of  the  constitution  of  1776 
which  provides:  "Section  the  twenty-seventh.  All  prosecu- 
tions shall  commence  in  the  name  and  by  the  authority  of 
the  freemen  of  the  commonwealth  of  Pennsylvania;  and  all 
indictments  shall  conclude  with  these  words,  'Against  the 
peace  and  dignity  of  the  same.'  The  style  of  all  process 
hereafter  in  tbis  state  shall  be,  the  commonwealth  of  Penn- 
sylvania." 

(2)  The  Commission  recommend  the  use  of  the  concluding 
words,  ''against  the  peace  and  dignity  of  the  commonwealth 
of  Pennsylvania,"  to  conform  with  the  actual  practice.  The 
form  proposed  was  sustained  by  the  Supreme  Court  in 
Rogers  v.  Commonwealth,  5  S.  &  R.  4G3  (1820). 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  261 

Art.  V,  Sees.  24,  25 

Trial  Without  Jury. 

1  Section  24.     If  the  parties  to  a  civil  case  shall  agree  to  dis 

2  pense  with  a  trial  by  jury,  the  court  shall  hear  the  case  and 

3  shall  deliver  a  judgment  having  the  same  effect  as  if  there  had 

4  been  such  trial  by  jury. 

Note. 
Source:     Article  V,  section  27: 

"The  parties,  by  agreement  filed,  may  in  any  civil  case 
dispense  with  trial  by  jury,  and  submit  the  decision  of  such 
case  to  the  court  having  jurisdiction  thereof,  and  such  court 
shall  hear  and  determine  the  same ;  and  the  judgment  there- 
on shall  be  subject  to  writ  of  error  as  in  other  cases." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed, 


Employment  of  Counsel  and  Graded  Costs. 

1  Section  25.     Laws  shall  be  enacted,  applicable  to  courts  of 

2  record  and  to  such  other  courts  as  may  be  deemed  proper,  pro- 

3  viding  that  the  counties  shall  compensate  counsel  assigned  to 

4  serve  without  expense  to  litigants.     The  costs  of  litigation  may 

5  be  classified  or  graded  by  law  according  to  the  amounts  in  con- 

6  troversy. 

Note. 
Source:     This  is  entirely  new  matter. 

(1)  The  cost  of  compensating  counsel  assigned  to  service 
without  expense  to  litigants  is  placed  on  the  counties.  Under 
the  provisions  of  section  4  of  this  article,  the  supreme  court 
is  directed  to  regulate  the  conditions  under  which  counsel 
shall  be  assigned  without  expense  to  litigants. 

(2)  The  doubt  as  to  the  constitutionality  of  grading 
costs  according  to  the  amount  in  controversy  is  removed. 


262  REPORT  OF  THE  COMMISSION  ON 


Art.  VI,  Sec.  1 

ARTICLE  VI. 


SUFFRAGE  AND  ELECTIONS. 


Preliminary  Note. 

Source:     Article  VIII,  Suffrage  and  Elections. 

Arrangement:     The  order  of  the  subjects  is  as  follows: 

Arrangement:     The  order  of  the  subjects  is  as  follows: 
Electors — sections  1  to  4,  inclusive. 
Bribery  at  elections — section  5. 

Election  districts  and  election  officers — sections  6  to  8,  in- 
clusive. 
Time  of  holding  elections  and  charter  of  elections ;  contested 

elections — sections  9  to  11,  inclusive. 
Elections  by  persons  in  representative  capacity — section  12. 

That  part  of  Article  VIII  of  the  present  constitution  deal- 
ing with  the  time  of  electing  different  kinds  of  public  officers 
and  with  qualiffcations  for  holding  public  office  has  been 
transferred  to  Article  VII,  Public  Servants;  and  the  part 
dealing  with  prohibitions  on  special  laws,  to  Article  III, 
section  20. 


Qualifications  of  Electors. 

1  Section  1.     A  citizen  of  the  commonwealth  shall  be  entitled 

2  to  vote  at  elections  who  has: 

3  1     Reached  the  age  of  twenty-one ;  < 

4  2    Been  a  citizen  of  the  United  States  at  least  thirty  days ; 

5  3     Resided  in  the  state  immediately  preceding  the  election  for 

6  one  year,  or,  if  he  is  a  native  of  the  commonwealtli  or 

7  has  been  an  elector,  then  for  six  mouths  immediately 

8  preceding  the  election; 

9  4     Resided  for  sixty  days  next  preceding  the  election  in  the 

10  election  district  where  he  shall  offer  to  vote; 

11  5     Comi»lied  with  the  law  regulating  the  registration  of  elec- 

12  "  tors. 

13  The  right  to  vote  and  to  hold  office  shall  not  be  denied  on  ac- 

14  count  of  race,  color  or  sex. 

Note. 
Source:     Article  VIII,  section  1: 

"Every  male  citizen  of  twenty-one  years  of  age,  possessing 
the  following  qualifications,  shall  be  entitled  to  vote  at  all 
elections,  subject  however  to  such  laws  requiring  and  regu- 


CONSTITUTIONAL. AMENDMENT  AND  REVISION.  263 

Art.  VI,  Sec.  2 

lating  the  registration  of  electors  as  the  general  assembly 
may  enact: 

1  He  shall  have  been  a  citizen  of  the  United  States  at 
least  one  month. 

2  He  shall  have  resided  in  the  state  one  year  (or,  having 
previously  been  a  qualified  elector  or  native  born  citizen  of 
the  state,  he  shall  have  removed  thei'efrom  and  returned, 
then  six  months),  immediately  preceding  the  election. 

3  He  shall  have  resided  in  the  election  district  where  he 
shall  offer  to  vote  at  least  two  months  immediately  preceding 
the  election. 

4  If  twenty-one  years  of  age  and  upwards,  he  shall  have 
paid  within  two  years  a  state  or  county  tax,  which  shall 
have  been  assessed  at  least  two  months  and  paid  at  least  one 
month  before  the  election."  (Amendment  of  November  5, 
1901.) 

Changes  in  Substance:  (1)  The  right  of  suffrage  is  conferred 
on  women. 

(Though  the  pronoun  "he"  is  retained  throughout  this 
proposed  constitution,  the  masculine  form  includes  the  femi- 
nine.    See  proposed  concluding  section.) 

(2)  The  qualification  that  a  tax  shall  have  been  paid  is 
abolished. 

The  payment  of  a  poll  tax  does  not  indicate  that  the  payer 
has  a  property  stake  in  the  community;  and  even  if  it  did, 
the  Commission  do  not  believe  in^  a  property  qualification 
for  the  exercise  of  the  right  of  suffrage. 

Changes  in  Style:  (1)  Placing  the  qualifications  of  attainment 
of  twenty-one  years  and  of  compliance  Avitli  the  registration 
laws  with  the  other  qualifications. 

(2)  Clause  2  has  been  re- worded  so  as  to  avoid  the  neces- 
sity of  using  parentheses. 


Residence  of  Electors. 

1  Section   2.     For  the   purpose  of  voting  no   person   shall   be 

2  deemed  to  have  gained  a  residence  by  reason  of  his  presence  or 

3  to  have  lost  it  by  reason  of  his  absence  while  in  the  service  of  the 

4  United  States,  of  the  state  government  or  of  a  municipality  of 

5  the  commonwealth,  or  while  navigating  the  waters  of  the  United 

6  States  or  the  high  seas,  or  while  a  student  of  an  institution  of 

7  learning,  or  while  kept  in  an  institution  at  public  expense,  or 

8  while  confined  in  prison. 

Note. 

Source:     Article  VIII,  section  13: 

"For  the  purpose  of  voting  no  person  shall  be  deemed  to 
have  gained  a  residence  by  reason  of  his  presence,  or  lost  it 
by  reason  of  his  absence,  while  employed  in  the  service. 


264  REPORT  OF  THE  COMMISSION  ON 

Art.  VI,  Sec.  3 

either  civil  or  military,  of  this  state  or  of  the  United  States, 
nor  while  engaged  in  tlie  navigation  of  the  waters  of  the 
state  or  of  the  United  States,  or  on  the  high  seas,  nor  while 
a  stndent  of  any  institution  of  learning,  nor  while  kept  in 
any  poorhouse  or  other  asylum  at  public  expense,  nor  while 
confined  in  public  prison." 

Changes  in  Substance:     None. 

Clarifying  Change:  In  the  present  constitution  it  is  not  clear 
whether  a  person  absent  on  the  business  of  a  municipality 
is  absent  on  the  business  of  ''this  state."  The  section  as 
suggested  provides  that  a  person  so  absent  would  not  gain 
or  lose  a  residence. 

Changes  in  Style:  The  words  "waters  of  the  state"  are  omitted. 
John  F.  Lewis,  Esq.,  of  the  Philadelphia  bar,  a  recognized 
authority  on  admiralty  law,  in  response  to  a  request  for  an 
opinion  on  the  question  whether  there  are  navigable  waters 
of  the  state  as  distinguished  from  navigable  waters  of  the 
United  States  has  written  the  following  letter  to  the  Com- 
mission : 

"The  words,  'of  the  state'  in  the  clause,  'engaged  in  the 
navigation  of  the  waters  of  the  State  or  of  the  United  States' 
of  section  13,  Article  8  of  the  present  Constitution  of  Penn- 
sylvania, are  evidently  a  relic  from  the  time  when  the  juris- 
diction of  the  Admiralty  Courts  was  limited  to  tidal  waters. 
The  Genessee  Chief,  12  Howard,  463,  which  was  followed  by 
The  Eagle,  8  Wallace,  15,  repudiated  the  tidal  test  of  juris- 
diction, and  held  that  the  true  criterion  was  whether  the 
water  was  navigable.  Hence,  every  navigable  water  of  Penn- 
sylvania is  subject  to  the  jurisdiction  of  the  United  States 
Admiralty,  and  can  be  truthfully  said  to  be  a  'water  of  the 
United  States.' 

"It  was  reasonable  that  under  the  old  limits  the  consti- 
stitution  should  provide  that  for  the  purpose  of  voting,  no 
person  should  be  deemed  to  have  lost  his  residence  by  reason 
of  his  absence  while  engaged  in  navigation,  because  the 
reason  wliich  was  contemplated  was  a  long  voyage,  but  wliile 
the  jurisdiction  of  tlie  United  States  Courts  in  Admiralty 
does  not  extend  over  an  inland  lake  entirely  within  the  body 
of  a  state  and  in  no  way  connected  with  the  possibility  of 
navigation  outside  the  state,  yet  there  are  no  such  waters 
in  Pennsylvania,  and  hence  there  is  no  present  reason  for 
retaining  the  words  'of  the  state.' 

"T  think  the  words  'of  the  state'  could  be  safely  omitted 
by  the  Commission." 


Voting  in  Military  or  Naval  Service. 

1  Section  3.    When  an  elector  shall  be  absent  in  the  military 

2  or  naval  ser\'ice  of  the  commonwealth  or  of  the  United  States 

3  under  a  requisition  by  the  president,  he  may  vote  as  if  he  were 


CONSTITUTIONAL  AMENDMENT  AND   REVISION.  2G5 

Art.  VI,  Sec.  4 

4  present  in  his  place  of  residence,  subject  to  regulations  pre- 

5  scribed  by  law. 

Note. 
Source:     Article  VIII,  section  6: 

"Whenever  any  of  the  qualified  electors  of  this  common- 
wealth shall  be  in  actual  military  service,  under  a  requisition 
from  the  president  of  the  United  States  or  by  the  authority 
of  this  commonwealth,  such  electors  may  exercise  the  right 
of  suffrage  in  all  elections  by  the  citizens,  under  such  regu- 
lations as  are  or  shall  be  prescribed  by  law,  as  fully  as  if 
they  were  present  at  their  usual  places  of  election," 

Changes  in  Substance:     None. 

Clarifying  Changes:  (1)  The  expressions  "in  actual  military 
service,"  have  been  changed  to  read:  "absent  in  military 
service"  so  as  to  make  it  clear  that  a  person  in  military 
service  and  not  absent  from  his  place  of  voting  is  not  in- 
cluded. 

(2)  The  expression  "military  service  *  *  *  by  the 
authority  of  this  commonwealth"  has  been  changed  to  read : 
"military  or  naval  service  of  the  commonwealth,"  so  as  to 
make  it  clear  that  a  person  serving  in  a  foreign  army  in 
consequence  of  a  resolution  of  the  general  assembly  approv- 
ing such  service,  is  not  absent  on  the  kind  of  military  service 
contemplated,  and  also  to  make  it  clear  that  a  person  absent 
on  naval  service  may  vote  as  if  he  were  present  in  his  place 
of  residence. 

Changes  in  Style:  The  Commission's  rules  of  stjde  have  been 
followed. 


Privileges  of  Electors. 

1  Section  4.     Electors  shall,  except  in  cases  of  treason,  felony 

2  and  breach  or  surety  of  the  peace,  be  privileged  from  arrest  dur- 

3  ing  their  attendance  on  elections,  and  in  going  to  and  returning 

4  from  them. 

Note. 
Source:     Article  VIII,  section  5: 

"Electors  shall  in  all  cases  except  treason,  felony  and 
breach  or  surety  of  the  peace,  be  privileged  from  arrest  dur- 
ing their  attendance  on  elections,  and  in  going  to  and  re- 
turning therefrom." 

Changes  in  Substance:     None. 

Changes  in  Style:  The  concluding  words  in  Article  VIII,  sec- 
tion 5,  of  the  present  constitution,  "in  going  to  and  return- 
ing therefrom,"  are,  of  course,  incorrect.  They  have  been 
changed  to  read  as  in  Article  III,  section  3,  of  the  consti- 
tutions of  1790  and  1838. 


266  REPORT  OF  THE  COMMISSION  ON 

Art.  VI,  Sec.  5 

Election  Offenses. 

1  Section  5.     A  person  who  shall  give,  or  promise  or  offer  to 

2  give  a  valuable  consideration  or  reward  for  a  vote  at  an  election 

3  or  for  the  withholding  thereof,  or  who  shall  receive  or  agree  to 

4  receive,  for  himself  or  for  another,  a  valuable  consideration  or 

5  reward  for  a  vote  at  an  election  or  for  the  withholding  thereof, 

6  shall  forfeit  the  right  to  vote  at  such  election.    An  elector  whose 

7  right  to  vote  shall  be  challenged  for  such  cause  before  the  elec- 

8  tion  ofl&cers  shall  be  required  to  swear  or  affirm  that  the  subject 

9  matter  of  the  challenge  is  untrue  before  his  vote  shall  be  received. 

10  A  person  convicted  oi'  wilful  violation  of  an  election  law  shall, 

11  in  addition  to  the  penalties  prescribed  by  law,  lose  for  four  years 

12  the  right  to  vote. 

13  In  a  trial  of  a  contested  election  and  in  an  investigation  of 

14  elections,  no  testimony  shall  be  withheld  on  the  ground  that  it 

15  may  criminate   the  witness   or  subject  him   to  infamy.      Such 

16  testimony  shall  not  afterwards  be  used  against  him  in  a  judicial 

17  proceeding  except  in  a  prosecution  for  perjury  in  giving  such 

18  testimony.    ' 

Note. 

Source:  The  section  combines  all  provisions  of  the  present  con- 
stitution relating  to  the  violation  by  an  elector  of  the  elec- 
tion law  and  the  consequences  of  such  violation;  namely: 

(1)  Article  VIII,  section  8: 

"Any  person  who  shall  give,  or  promise  or  offer  to  give, 
to  an  elector,  any  money,  reward  or  other  valuable  consider- 
ation for  his  vote  at  an  election,  or  for  withholding  the  same, 
or  who  shall  give  or  promise  to  give  such  consideration  to 
any  other  person  or  party  for  such  electors'  vote  or  for  the 
withholding  thereof,  and  any  elector  who  shall  receive  or 
agree  to  receive,  for  himself  or  for  another,  any  money,  re- 
ward or  other  valuable  consideration  for  his  vote  at  an  elec- 
tion, or  for  withholding  the  same,  shall  thereby  forfeit  the 
right  to  vote  at  such  election,  and  any  elector  whose  right  to 
vote  shall  be  challenged  for  such  cause  before  the  election 
officers,  shall  be  required  to  swear  or  affirm  that  the  matter 
of  the  challenge  is  untrue  before  his  vote  shall  be  received." 

(2)  Part  of  Article  VIII,  section  9: 

"*  *  *  and  any  person  convicted  of  willful  violation 
of  the  election  laws  shall,  in  addition  to  any  penalties  pro- 
vided by  law,  be  deprived  of  the  right  of  suft'rage  absolutely 
for  a  term  of  four  years." 

(3)  Article  VIII,  section  10: 

"In  trials  of  contested  elections  and  in  proceedings  for 
the  investigation  of  elections,  no  person  shall  be  permitted 
to  withhold  his  testimony  upon  the  ground  that  it  may 
criminate  himself  or  subject  him  to  public  infamy ;  but  such 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  267 

Art.  VI,  Sees.  6,  7 

testimony  shall  not  afterwards  be  used  against  him  in  any 
jndicial  proceedings  except  for  perjury  in  giving  such  testi- 
mony." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed, 


Election  Districts. 


1'  Section  6.     Townships  and  wards  of  cities  or  boroughs  shall 

2  form  or  shall  be  divided  into  election  districts  of  compact  and 

3  contiguous  territory  as  the  court  of  quarter  sessions  may  direct. 

4  An  election  district  in  a  city  of  over  one  hundred  thousand 

5  inhabitants  shall  be  divided  by  the  court  of  quarter  sessions  when 

6  at  the  next  preceding  election  more  than  two  hundred  and  fifty 

7  votes  have  been  polled  therein.    Any  other  election  district  shall 

8  be  divided  when  the  court  of  quarter  sessions  shall  be  of  opinion 

9  that  the  convenience  of  the  electors  and  the  public  interests  will 
10  be  promoted  thereby. 

Note. 

Source:     Article  VIII,  section  11: 

"Townships,  and  wards  of  cities  or  boroughs,  shall  form 
or  be  divided  into  election  districts  of  compact  and  con- 
tiguous territory,  in  such  manner  as  the  court  of  quarter 
sessions  of  the  city  or  county  in  which  the  same  are  located 
may  direct ;  but  districts  in  cities  of  over  one  hundred  thou- 
sand inhabitants  shall  be  divided  by  the  courts  of  quarter 
sessions,  having  jurisdiction  therein,  whenever  at  the  next 
preceding  election  more  than  two  hundred  and  fifty  votes 
shall  have  been  polled  therein;  and  other  election  districts 
whenever  the  court  of  the  proper  county  shall  be  of  opinion 
that  the  convenience  of  the  electors  and  the  public  interests 
will  be  promoted  thereby." 

Changes  in  Substance:     None. 

Changes  in  Style:  In  the  present  constitution  this  section  con- 
sists of  one  sentence.  It  relates,  however,  to  two  quite  dis- 
tinct subjects;  one,  the  power  and  duty  of  the  court  of 
quarter  sessions  to  divide  townships  and  wards  of  cities  and 
boroughs  into  election  districts;  and  the  other,  the  duty  to 
divide  an  election  district  under  certain  specified  conditions. 


Election  OfBcers. 


1  Section  7.     In  each  election  district  there  shall  be  an  election 

2  boai'd  consisting  of  a  judge  and  two  inspectors  chosen  by  the 

3  electors  of  the  district.     They  shall  hold  office  for  two  years. 


2(58  REPORT  OF  THE  COMMISSION  ON  ' 

Art.  VI,  Sec.  7 

4  Each  elector  may  vote  for  one  candidate  for  judge  and  for  one 

5  candidate  for  insjtector.     \'acaucies  in  election  boards  shall  be 
G     be  filled  and  election  boards  in  new  districts  shall  be  created  as 

7  prescribed  by  law.     Each  inspector  shall  appoint  one  clerk  at 

8  each  election.     An  election  officer  or  clerk  shall  be  privileged 

9  from  arrest  upon  days  of  election  and  while  engaged  in  making 

10  up  and  transmitting  returns,  except  upon  warrant  of  a  court  of 

11  record  or  of  a  judge  thereof  for  election  fraud,  for  felony,  or 

12  for  wanton  breach  of  the  peace.     In  a  city  he  shall  be  exempt 

13  from  jury  dut3\ 

Note. 
Sourse:  Article  VIII,  section  14: 

''District  election  boards  shall  consist  of  a  judge  and  two 
inspectors,  who  shall  be  chosen  annually  by  the  citizens. 
Each  elector  shall  have  the  right  to  vote  for  the  judge  and 
one  inspector,  and  each  inspector  shall  appoint  one  clerk. 
The  first  election  board  for  any  new  district  shall  be  selected, 
and  vacancies  in  election  boards  filled,  as  shall  be  provided 
by  law.  Election  officers  shall  be  privileged  from  arrest 
upon  days  of  election,  and  while  engaged  in  making  up  and 
transmitting  returns,  except  upon  warrant  of  a  court  of 
record  or  judge  thereof,  for  an  election  fraud,  for  felony,  or 
for  wanton  breach  of  the  peace.  In  cities  they  may  claim 
exemption  from  jury  duty  during  their  terms  of  service. 

Changes  in  Substance:  None. 

Clarifying  Amendment:  As  proposed  the  election  boards  will  be 
chosen  biennially  (at  the  municipal  elections.  See  Article 
VII,  section  1)  instead  of  annually.  At  the  present  time  the 
practice  is  to  elect  the  members  of  election  boards  biennially. 
In  spite  of  the  wording  of  this  section  in  the  present  consti- 
tution, the  practice  may  be  justified.  Article  XII,  section  1 
of  the  present  constitution  (Amendment  of  November  2, 
1909),  })rovides  that  ''elections  of  local  officers  shall  be  held 
on  a  municipal  election  day."  Article  VIII,  section  3,  of  the 
present  constitution  (Amendment  of  November  4,  1903), 
speaks  of  the  municipal  election  day  as  "in  each  odd-num- 
bered year,"  and  the  schedule  to  the  amendments  of  1909 
provides:  "After  the  year  1910,  *  *  *  all  terms  of 
*  *  *  election  division  officers  shall  begin  on  the  first 
Monday  of  December  in  an  odd-numbered  year." 

Changes  in  Style:  Beginning  the  section  with  the  declaration 
that  "In  each  election  district  there  shall  be  an  election 
board"  makes  the  style  of  the  section  conform  to  that  of 
Article  V,  section  8  and  other  sections  in  which  provision 
is  made  for  certain  officers  in  each  district. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  269 

Art.  VI,  Sec.  8 

Overseers  of  Elections. 

1  Section  8.    The  courts  of  common  pleas  shall  appoint  two  per- 

2  sous  of  diflereut  political  parties,  qualified  to  serve  on  an  elec- 

3  tion  board,  to  be  overseers  of  election  in  a  distiict  on  petition  of 

4  five  electors  of  the  county  setting  forth  that  such  appointment  is 

5  a  reasonable  precaution  to  secure  the  purity  and  fairness  of  the 
G  election.    All  the  judges  of  the  court  able  to  act  at  the  time  shall 

7  concur  in  the  appointment. 

8  The  overseers  of  election,  if  they  shall  agree,  shall  decide  any 

9  question  with  respect  to  the  conduct  of  the  election  on  which  the 
10    members  of  the  election  board  shall  differ. 

Note. 
Source:  Article  VIII,  section  16: 

"The  courts  of  common  pleas  of  the  several  counties  of  the 
commonweaith  shall  have  power,  within  their  respective 
jurisdictions,  to  appoint  overseers  of  election  to  supervise 
the  proceedings  of  election  officers  and  to  make  report  to  the 
court  as  may  be  required ;  such  appointments  to  be  made  for 
any  district  in  a  city  or  county  upon  petition  of  five  citiezns, 
lawful  voters  of  such  election  district,  setting  forth  that  such 
appointment  is  a  reasonable  precaution  to  secure  the  purity 
and  fairness  of  elections;  overseers  shall  be  two  in  number 
for  an  election  district,  shall  be  residents  therein,  and  shall 
be  persons  qualified  to  serve  upon  election  boards,  and  in 
each  case  members  of  ditt'erent  political  parties;  whenever 
the  members  of  an  election  board  shall  differ  in  opinion  the 
overseers,  if  they  shall  be  agTeed  thereon,  shall  decide  the 
question  of  difference ;  in  appointing  overseers  of  election  all 
the  law  judges  of  the  proper  court,  able  to  act  at  the  time, 
shall  concur  in  the  appointments  made." 

Changes  in  Substance:  (1)  The  petitioners  and  overseers  are  not 
required  to  be  residents  of  the  district,  because  conditions 
may  make  this  impossible  even  though  the  appointment  of 
overseers  ma}'  be  urgently  necessary. 

(2)  The  petitioners  must  be  ''electors.*'  In  Article  VIII, 
section  16,  of  the  present  constitution,  the  petitioners  must 
be  "citizens." 

Clarifying  Changes :  Under  the  wording  of  the  corresponding  sec- 
tion in  the  present  constitution,  it  is  uncertain  whether  the 
court  can  only  appoint  overseers  on  the  petition  of  five 'citi- 
zens, or  whether  the  court  can  also  appoint  on  its  own  mo- 
tion. The  wording  suggested  adopts  the  first  of  these  alter- 
natives. , 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


270  REPORT  OF  THE  COMMISSION  ON 

Art.  VI,  Sees.  9,  10 

Time  of  Holding  Elections. 

1  Section  9.     The  general  election  shail  be  held  in  each  even- 

2  unmbered  year  and  the  municipal  election  shall  be  held  in  each 

3  odd-nnnibeied  year.    Each  shall  be  held  on  the  Tuesday  next  fol- 

4  lowing  the  first  Monday  in  November  unless,  with  the  consent  of 

5  two-thirds  of  the  members  of  each  house  of  the  general  assembly, 

6  .a  different  day  shall  be  prescribed  by  law. 

Note. 

Source:  (1)  Article  VIII,  section  2  (Amendment  of  November  2, 
1909): 

"The  general  election  shall  be  held  biennially  on  the  Tues- 
day next  following  the  first  Monday  of  November  in  each 
even -numbered  year,  but  the  general  assembly  may  by  law 
fix  a  different  day,  two-thirds  of  all  the  members  of  each 
house  consenting  thereto:  Provided,  That  such  election  shall 
always  be  held  in  an  even-numbered  year." 

(2)     Part  of  Article  YIII,  section  3: 

"*  "  *  All  elections  for'  (certain  offices  enumerated) 
"shall  be  held  on  the  municii)al  election  day;  namely,  the 
Tuesday  next  following  the  first  Monday  of  November  in 
each  odd-numbered  year,  but  the  general  assembly  may  by 
]i\\x  fix  a  different  day,  two-thirds  of  all  the  members  of  each 
house  consenting  thereto:  Provided,  That  such  elections  shall 
always  be  held  in  an  odd-numbered  year.     *     *     *" 

(See  Article  VII,  section  1,  infra,  for  the  offices  filled  at  a 
general  and  the  offices  filled  at  a  municipal  election.) 

Changes  in  Substance:  None. 

Changes  in   Style:   The  Commission's  rules  of  style  have  been 
followed. 


Secrecy  in  Voting. 

1  Section  10.    Elections  by  the  citizens  shall  be  by  ballot  or  by 

2  other  methods   as   prescribed    by   law.      Whatever   the   method 

3  adopted,  secrecy  in  voting  shall  be  preserved. 

Note. 
Source:  Article  VITT,  section  4,  which  reads  as  follows: 

"All  elections  by  the  citizens  shall  be  by  ballot  or  by  such 
other  method  as  may  be  prescribed  by  law:  Provided.  That 
secrecy  in  voting  be  preserved."  (Amendment  of  Nov.  5. 
1901.)' 

Changes  in  Substance:  None. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  271 

Art.  VI,  Sec.  11 

Clarifying  Cliauge:  The  wording  suggested  makes,  it  certain  that 
secrecy  iu  voting  shall  be  preserved  wbeu  the  method  of  vot- 
ing is  by  ballot.  The  constitutions  of  ITUO  and  J 838  required 
all  elections  to  be  by  ballot.  Secrecy  in  the  voting  was  not 
specifically  provided  for.  In  the  present  constitution  the 
voting  can  be  by  ballot  or  by  such  other  method  as  may  be 
prescribed  by  law.  The  concluding  words  of  the  section  in 
the  present  constitution — "provided  that  secrecy  in  voting  be 
preserved" — requires  that  secret  voting  be  preserved  when 
another  method  of  voting  than  by  ballot  is  adopted.  It  may 
also  require  secrecy  when  the  method  of  voting  by  ballot  is 
used.    This,  however,  is  only  an  inference. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Trial  of  Contested  Elections. 

1  Section  11.     The  courts  shall  determine  in  the  first  instance 

2  contested  elections  of  members  of  the  general  assembly,  of  gover- 

3  nor,  and  of  lieutenant-governor.    They  shall  finally  determine  all 

4  other  contested  elections.    Laws  shall  be  enacted  designating  the 
0  courts  and  judges  by  whom  the  several  classes  of  election  con- 

6  tests  shall  be  tried,  and  regulating  the  manner  of  trial  and  mat- 

7  ters  incident  thereto.    No  law  assigning  jurisdiction,  or  regulat- 

8  ing  its  exercise,  shall  apply  to  a  contest  arising  out  of  an  election 

9  held  before  its  enactment. 

Note. 
Source:     Article  VIII,  section  17: 

"The  trial  and  determination  of  contested  elections  of 
electors  of  president  and  vice  president,  members  of  the  gen- 
eral assembly,  and  of  all  public  officers,  whether  state,  ju- 
dicial, municipal  or  local,  shall  be  by  the  courts  of  law,  or 
by  one  or  more  of  the  law  judges  thereof;  the  general  as- 
sembly shall,  by  general  law,  designate  the  courts  and  judges 
by  whom  the  several  classes  of  election  contests  shall  be 
tried,  and  regulate  the  manner  of  trial  and  all  matters  in- 
cident thereto ;  but  no  such  law  assigning  jurisdiction,  or 
regulating  its  exercise,  shall  apply  to  any  contest  arising 
out  of  an  election  held  before  its  passage." 

Changes  in  Substance:  None. 

Clarifying  Changes:  There  is  apparently  a  direct  conflict  in  the 
present  constitution  betw^een  the  provisions  of  this  section 
and  those  of  Article  II,  section  9,  wiiich  provides:  "Each 

house     *     *     *     shall  judge  of  the  election  and  qualifica- 

tions  of  its  mtoibers."     The  conflict  was  referred  to  in  *^  T 
debates  of  the  constitutional  convention  of  1873     "^^^      ,V^ 
White  said :  "I  hope  this  simple  staterociic  of  the  case  that 


272  REPORT  OF  THE  COMMISSION  ON 

Art.  VI,  Sec.  12 

it  is  in  contradiction  to  what  we  have  already  fixed  in  the 
constitution  will  be  sufficient  to  insure  its  being  voted  down." 
(Constitutional  Debates,  Vol.  V,  page  64.  j  It  was  not  voted 
down,  however,  and  when  it  came  before  the  convention  at  a 
later  date  no  reference  was  made  to  its  contradiction  with 
other  provisions  of  the  constitution.  There  is  also  appar- 
entl}'  a  direct  conflict  between  the  provisions  of  this  section 
and  those  of  Article  IV,  section  2,  of  the  present  constitu- 
tion, which  provides  that  contested  elections  of  governor 
and  lieutenant-governor  shall  be  determined  by  a  committee 
selected  from  both  houses  of  the  general  assembly.  (Article 
IV,  section  17,  of  the  present  constitution,  provides  that  the 
chief  justice  of  the  supreme  court  sball  preside  at  the  trial.) 
In  the  contested  election  of  McNeill,  111  Pa.  235,  the  Su- 
preme Court  held  that  Article  VIII,  section  17,  of  the  pres- 
ent constitution,  did  not  take  from  each  house  the  power 
given  by  Article  II,  section  9,  to  judge  of  the  election  and 
qualification  of  its  members,  and  that  the  purpose  of  Article 
VIII,  section  17,  is  merely  to  provide  a  method  for  procur- 
ing and  presenting  to  the  respective  house  the  evidence  and 
information  necessary  for  an  intelligent  decision,  and  to  se- 
cure early  action. 

The  provisions  of  the  section  proposed  do  away  with  these 
apparent  conflicts  in  the  present  constitution  and  follow 
the  esta])lished  practice  as  sanctioned  by  the  Supreme  Court 
in  the  contested  election  of  McNeiU. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Elections  by  Representative  Bodies. 

1  Section  12.     Elections  by  representative  bodies  shall  be  viva 

2  voce. 

Note. 
Source:     Article  VIII,  section  12: 

"All   elections   by   persons  in   a  representative   capacity 
shall  be  viva  voce." 

Changes  in  Substance:  None. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  273 


Art.  VII,  Sec.  1 

ARTICLE  .VII. 


PUBLIC  SERVANTS. 


Preliminary  Note. 

Source :  This  article  covevs  tlie  subjects  in  tlie  present  constitu- 
tion treated  under  Article  VI,  Impeaclinieut  and  Removal 
from  Office;  Article  VIT,  Oath  of  Office;  Article  XII,  Public 
Officers;  as  well  as  tliose  parts  of  other  articles  containing 
general  rules  applicable  to  all  or  to  a  class  of  public  serv- 
ants. 

Many  of  the  provisions  relating  to  these  subjects  are  scat- 
tered throughout  the  constitution,  as,  for  instance,  the  pro- 
visions in  regard  to  incompatible  offices,  disqualifications 
from  holding  office,  and  removal  of  officers  in  other  ways 
than  impeachment.  It  is  not  necessary  to  emphasize  the  con- 
venience and  greater  certainty  resulting  from  bringing  to- 
gether in  one  article  all  the  provisions  relating  to  these  sub- 
jects. 

Title:  The  title  "Public  Servants''  has  been  adopted  because  the 
subject  matter  of  some  of  the  sections  in  the  article  includes 
employes  as  well  as  officers. 

Arrangement :  The  order  of  subjects  is  as  follows : 

Times  of  election — section  1. 

Incompatible  officers  and  disqualification  from  holding  office 

— sections  2  and  3. 
Oath  of  office — section  4. 
Term  and  salary — section  5. 
Impeachment  and  removal — sections  6  and  7. 
Appointments  and  promotions — section  8. 
Bribery — section  9. 


Times  of  Elections. 


1  Section  1.     Judges  elected  by  the  electors  of  the  commonwealth 

2  at  large  may  be  elected  at  general  or  municipal  elections  as  pre- 
8  scribed  by  law. 

4  Other  officers  elected  by  the  electors  of  the  commonwealth  at 

5  large  shall  be  elected  at  general  elections. 

G  Officers  not  elected  by  the  electors  of  the  commonwealth  at 

7  large  shall  be  elected  at  municipal  elections. 

8  Special  ^election  days  to  fill  unexpired  terms  may  be  prescribed 

9  by  law. 

18 


274  REPORT  OF  THE  TOMMISSION  ON 

Art.  VII,  Sec.  2 

Note. 
Source:  (1)  Part  of  Article  VIII,  section  3: 

''All  judges  elected  by  the  electors  of  the  state  at  large 
uiay  be  elected  at  either  a  general  or  municipal  election,  as 
circumstances  may  require.  All  elections  for  judges  of  the 
courts  for  the  several  judicial  districts,  and  for  county,  city, 
ward,  borough,  and  township  oflicers,  for  regular  terms  of 
service,  shall  be  held  on  the  municipal  election  day;  *  *  *" 
(Amendment  of  November  4,  1913.) 

(2)  Part  of  Article  XII,  section  1: 

a*  *  *  elections  of  state  officers  shall  be  held  on  a 
general  election  day  and  elections  of  local  officers  shall  be 
held  on  a  municipal  election  day,  except  when,  in  either  case, 
special  elections  may  be  required  to  fill  unexpired  terms." 
(Amendment  of  November  2,  1909.) 

Changes  in  Substance:  None. 

Clarifying  Changes:  In  the  present  constitution  there  is  a. con- 
flict between  the  provisions  of  Article  XII,  section  1,  for  the 
election  of  ''state  officers"  at  general  ejections,  and  the  pro- 
visions of  Article  VIII,  section  3,  for  the  election  of  "judges" 
at  municipal  elections.  The  language  of  +he  section  pro- 
posed permits  the  election  of  judges  elected  by  the  electors 
of  the  commonwealth  at  large  on  either  a  municipal  or  a 
general  election  day. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Incompatible  Offices. 

1  Section  2.     No  person  shall  be  a  member  of  the  general  as- 

2  sembly  or  shall  hold  under  the  state  government-  or  under  a 

3  municipality  an  office  or  place  of  trust  or  profit  in  respect  of 

4  which  he  shall  receive  compensation,  if  he  is  a  member  of  the 

5  congress  or  if  he  holds  under  the  United  States  an  office  or  place 

6  of  trust  or  profit  in  respect  of  which  he  shall  receive  compensa- 

7  tion. 

8  No  person  who  holds  the  office  of  governor  or,  except  as  ex- 

9  pressly   provided    in    this    constitution,    off   lieutenant-governor 

10  shall  hold  under  the  state  government  or  under  a  municipality 

11  another  office  of  trust  or  profit. 

12  No  person  who  holds  under  the  state  government  the  office  of 

13  judge  learned  in  the  law  shall  hold  under  a  municipality  an  of- 

14  fice  or  place  of  trust  or  profit  in  respect  of  wliich  he  shall  receive 

15  compensation. 

16  No  member  of  the  general  assembly  shall,  during  the  term  for 

17  which  he  has  been  elected,  hold  under  the  state  government  or 

18  under  a  municipality  an  appointive  office  or  place  of  trust  or 

19  profit. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  275 

Art.  VII,  Sec.  2 

20  Tlie  office  of  attorney-at-law  and  office  in  the  militia  shall  not 

21.  be  deemed  an  office  or  place  of  trust  or  profit  within  the  meaning 

22  of  tliis^section. 

2.')  Lnws  may  be  enacted  declaring  what  other  offices  or  places  of 

24  trust  or  profit  are  incompatible  with  each  other  or  with  mem- 

25  bership  in  the  general  assembly. 

Source:  The  first  paragraph  covers  that  part  of  Article  XI,  sec- 
tion 2,  of  the  present  constitution  which  provides: 

"No  member  of  congress  from  this  state,  or  any  person 
holding  or  exercising  any  office  or  appointment  of  trust  or 
profit  under  the  United  States,  shall  at  the  same  time  hold 
or  exercise  any  office  in  this  state  to  which  a  salary,  fees  or 
perquisites  shall  be  attached.     *     *     *" 

and  also  that  part  of  Article  IV,  section  G  of  the  present 
constitution  which  provides: 

"No  member  of  congress  or  person  holding  any  office  under 
the  United  States  or  this  state  shall  exercise  the  office  of 
governor  or  lieutenant-governor." 

and  also  that  part  of  Article  II,  section  6,  which  provides: 

''*  *  '''  No  member  of  congress  or  other  person  holding 
au}'  office  (except  of  attorney-at-law  or  in  the  militia)  under 
the  United  States  or  this  commonwealth  shall  be  a  member 
of  either  house  during  his  continuance  in  office." 

and  also  that  part  of  Article  V,  section  18,  which  provides: 

''The  justices  of  the  supreme  court,  the  judges  of  the  su- 
perior court  and  the  judges  of  the  several  courts  of  common 
pleas,  and  all  other  judges  required  to  be  learned  in  the  law, 
*  *  *  shall  receive  no  other  compensation  *  *  *  nor 
hold  any  other  office  of  profit  under  the  United  States,  this 
state  or  any  other  state." 

The  second  paragraph  covers  that  part  of  Article  IV,  sec- 
tion 6,  of  the  present  constitution  which  provides: 

"No  *  *  *  person  holding  any  office  under  *  *  * 
this  state  shall  exercise  the  office  of  governor  or  lieutenant- 
governor." 

The  third  paragraph  covers  that  part  of  Article  V,  section 
18,  which  provides: 

"No  person  shall  be  qualified  to  serve  as  an  election  officer 
who  shall  hold,  or  shall  within  two  months  have  held,  any 
office,  appointment  or  employment  in  or  under  the  govern- 
ment *  *  *  of  this  state,  or  of  any  city,  or  county,  or 
of  any  municipal  board,  commission  or  trust  iri  any  city, 
save  only  justices  of  the  peace  and  aldermen,  notaries  public 
and  persons  in  the  militia  service  of  the  state.     *     *     *" 


276  REPORT  OP  THE  COMMISSION  ON 

Art.  VII,  Sec.  3 

The  fourth  paragraph  covers  that  part  of  Article  II,  sec- 
tion G,  of  the  present  constitution  which  provides: 

"No  senator  or  representative  shall,  during  "the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil 
office  under  this  commonwealth.     *     *     *" 

The  fifth  paragraph  covers  that  part  of  Article  II,  section 
6  of  the  present  constitution  which  provides: 

"No  *  *  *  person  holding  any  office  (except  of  attor- 
ney-at-law  or  in  the  militia)  under  tlie  United  States  or  this 
commonwealth  shall  be  a  member  of  either  house  during  his 
continuance  in  office." 

The  sixth  paragraph  covers  that  part  of  Article  XI,  sec- 
tion 2,  of  the  present  constitution  which  provides: 

"*  *  *  The  general  assembly  may  by  law  declare  what 
offices  are  incompatible." 

Changes  in  Substance:  (1)  The  governor  or  lieutenant-governor 
may  hold  an  office  of  trust  or  profit  to  wbich  no  compensa- 
tion is  attached  under  the  United  States  or  the  state  govern- 
ment or  under  a  municipality. 

(2)  The  provisions  of  the  present  constitution  (Article 
VIII,  section  15),  in  respect  to  election  officers,  are  omitted. 

Clarifying  Changes:  (1)  It  is  not  clear,  under  Article  II,  section 
6,  of  the  present  constitution,  what  is  the  exact  meaning  of 
"civil  office  under  this  commonwealth,"  to  which  members  of 
the  general  assembly  cannot  be  appointed.  Is  every  public 
office  except  a  military  office  a  "civil  office,"  or  are  executive 
offices,  only,  "civil  offices"?  Does  "commonwealth"  mean 
state  government,  or  does  it  include  both  state  and  munici- 
pal governments? 

The  section  as  proposed  prevents  a  member  of  the  general 
assembly,  during  the  term  for  which  he  w^as  elected,  from 
"holding  any  office  or  place  of  trust  or  profit  under  the  state 
or  a  municipal  government." 

(2)  It  is  made  clear  that  the  office  of  attorney-at-law  or  an 
office  in  the  militia  is  not  an  office  of  trust  or  profit  within 
the  meaning  of  the  section. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Disqualifications  From  Holding  Office. 

1  Section  3.     No  person  shall  be  a  member  of  the  general  as- 

2  sembly  or  shall  hold,  under  the  state  government  or  under  a 
o     municipality,  an  office  or  place  of  trust  or  profit  if  he  has 

4  (a)  Been    convicted    of    embezzlement    of    public    money,    of 

5  bribery,  of  attempted  bribery,  of  perjury  or  other  in- 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  277 

Art.  VII,  Sec.  3 

6  famous  crime,  or  of  fraud  in  connection  with  an  election 

7  while  a  candidate  for  office  or  of  wilful  violation  of  an 

8  election  law  while  a  candidate  for  office; 

10  (b)  Been  convicted  of  having  within  live  years,  being  a  member 

11  of  the  general  assembly  or  an  officer  of  the  state  govern- 

12  .       ment,  used  the  money  of  the  state  government  for  an 

13  unauthorized  purpose  or  made  a  profit  therefrom; 

14  (c)   Been  convicted  upon  impeachment; 

15  (d)   Served  as  an  election  officer  at  the  election  at  which  such 

16  position  of  member  of  the  general  assembly  or  office  or 

17  place  of  trust  or  profit  was  filled,  except  in  the  case  of 

18  such  municipal  offices,  other  than  county  or  city  offices, 

19  as  may  be  prescribed  by  law. 

Note. 

Source:   Clause    (a)   includes    (1)    Article  II,   section  7,  which 
provides: 

"No  person  hereafter  convicted  of  embezzlement  of 
public  moneys,  bribery,  perjury  or  other  infamous  crime 
shall  be  eligible  to  the  general  assembly  or  capable  of  hold- 
ing any  office  of  trust  or  profit  in  this  commonwealth," 

Also  (2)  that  part  of  Article  III,  section  32,  which  pro- 
vides : 

"'  *  *  any  person  convicted  of  either  of  the  ofi'enses 
aforesaid"  (i.  e.,  bribery  or  corrupt  solicitation)  "shall,  as 
part  of  the  punishment  therefor,  be  disqualified  from  hold- 
ing anj^  office  or  position  of  honor,  trust  or  profit  in  this 
commonwealth." 

And  (3)  that  part  of  Article  VIII,  section  9,  which  pro- 
vides : 

"Any  person  who  shall,  while  a  candidate  for  office,  be 
guilt}^  of  bribery,  fraud  or  wilful  violation  of  any  election 
law,  shall  be  forever  disqualified  from  holding  an  office  of 
trust  or  profit  in  this  commonwealth ;  and  any  person  con- 
victed of  wilful  violation  of  the  election  laws  shall,  in  addi- 
tion to  any  penalties  provided  by  law,  be  deprived  of  the 
right  of  suffrage  absolutely  for  a  term  of  four  years." 

This  specifically  disqualifies  a  person  from  holding  public 
office  who  has  been  guiltj^  of  bribery  and  is  a  duplication  of 
Article  II,  section  7,  of  the  present  constitution,  which  has 
been  transferred  to  this  clause. 

Clause  (b)  includes  that  part  of  Article  IX,  section  14, 
which  provides: 

"The  making  of  profit  out  of  the  public  moneys  or  using 
the  same  for  any  purpose  not  authorized  by  law  by  any 
officer  of  the  state,  or  member  or  officer  of  the  general 
assembly  *  *  *  b^t  part  of  such  punishment  shall  be 
disqualification  to  hold  office  for  a  period  of  not  less  than 
five  years." 


278  REPORT  OF  THE  COMMISSION  ON 

Art.  VII,  Sec.  3 

Clause  (c)  includes  (1)  that  part  of  Article  VI,  section  3, 
which  provides: 

a*  *  *  ^j^i^  judgment  in  such  cases"  (cases  of  impeach- 
ment) "shall  not  extend  further  than  to  removal  from  office 
and  disqualification  to  hold  any  office  of  trust  or  profit  under 
this  commonwealth.     *     *     *" 

Tlie  wording-  of  the  clause  as  herein  suggested  would  make 
it  certain  that  conviction  on  impeachment  of  its  own  force 
disqualifies  a  person  impeached,  convicted  and  removed  from 
office  from  thereafter  holding  any  office  of  trust  or  profit. 
(See  Eecommendations  of  Change  in  Substance  [1],  infra.) 

The  clause  also  covers  (2)  that  part  of  Article  VII,  section 
1,  which  provides: 

"*  *  *  any  person"  (i.  e.,  a  member  of  the  general 
assembly,  officers  of  the  state  government  and  county  of- 
ficers) "who  shall  be  convicted  of  having  *  *  *  violated 
said  oath  or  affirmation"  (oath  of  office)  ''shall  be  *  *  * 
forever  disqualified  from  holding  any  office  of  trust  or 
profit  witliin  this  commonwealth.     •■"     *     ■'" 

We  are  of  the  opinion  that  no  officer  can  be  convicted  of 
having  violated  his  oath  of  clfice  except  b}'  the  process  of 
impeachment.  In  other  words,  that  tliere  is  no  common  law 
crime  of  "violation  of  oath  of  office"  for  which  a  persoii  can 
be  indicted  and  convicted,  and  therefore  that  the  part  of 
Article  VII,  section  1  of  the  present  constitution,  quoted  is 
a  duplication  of  the  provisions  of  Article  VI,  section  3,  of 
the  present  constitution  which,  as  here  explained,  are  covered 
b}^  clause  (c),  as  proposed. 

Indeed,  the  provisioiis,  in  the  present  constitution,  of 
Article  VII,  section  1,  in  respect  to  disqualifications,  are  not 
as  wide  as  those  in  Article  VI,  section  3.  Under  Article  VI, 
section  3,  of  the  present  constitution,  a  municipal  officer 
may  be  impeached  and  convicted  and  if  so  impeached  and 
convicted,  is  disqualified  from  holding  any  office  of  trust  or 
profit.  Under  Article  VII,  section  1,  only  members  of  the 
general  assembly,  state  officers  and  county  officers,  being 
impeached  and  convicted,  are  disqualified  from  holding  any 
place  of  trust  or  profit. 

Clause  (d)  includes  that  part  of  Article  VIII,  section  15, 
wliich  provides: 

"*     *     *     nor  shall  any  election  officer  be  eligible  to  any 
civil  office  to  be  filled  at  an  election  at  which  he  shall  serve, 
save  only  to  such  subordinate  municipal  or  local  offices,  be-"- 
low  the  grade  of  city  or  county  offices,  as  shall  be  designated 
by  general  law." 

(For  explanation  of  wording  of  clause  [d],  see  Clarifying 
Amendments  [3].) 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  279 

Art.  VII,  Sec.  4 

Changes  in  Substance:  Xone. 

Clarifying  Changes:  (1)  In  the  present  constitution,  the  wording 
of  Article  VI,  section  3,  leaves  it  uncertain  whether  con- 
viction on  impeachment  and  removal  from  office  necessarily 
include  disqualification  from  thereafter  holding  office.  In 
clause  (c),  as  proposed,  conviction  on  impeachment  carries 
with  it  this  disqualification. 

(2)  In  Article  VI,  section  3,  of  the  present  constitution,  it 
is  provided  that  the  disqualitication  extends  to  holding  an 
office  of  trust  or  profit  "under  this  commonwealth."  This 
leaves  it  uncertain  whether  a  municipal  office  is  an  ''office 
under  the  commonwealth."  The  same  uncertainty  exists  in 
Article  II,  section  7,  in  Article  III,  section  32,  in  Article 
VI,  section  1,  and  in  Article  VIII,  section  9,  of  the  present 
constitution.  The  wording  of  the  section  as  proposed  will 
make  it  certain  that  the  disqualification  extends  to  a  muni- 
cipal office  a*  well  as  to  an  office  under  the  state  govern- 
ment. 

(3)  Article  VIII,  section  15,  of  the  present  constitution, 
provides  that  an  election  officer  is  not  eligible  to  any  ''civil 
office"  to  be  filled  at  an  election  at  which  he  shall  serve. 
Though,  throughout  the  present  constitution,  the  word  "of- 
fice" or  the  words  "civil  office"  usually  do  not  include  a 
member  of  the  general  assembly,  we  believe  that  the  intent 
of  the  drafters  of  Article  VIII,  section  15,  as  it  appears  in 
the  present  constitution,  was  to  prevent  an  election  officer 
being  elected  to  the  general  assembly.'  This  is  not  certain, 
however.  Clause  (d)  as  proposed  makes  it  certain  that  a 
person  who  serves  as  an  election  officer  is  ineligible  to  a 
seat  in  the  general  assembly. 

Changes  in  Style:  The  Commissions  rules  of  style  have  been  fol 
lowed. 


Official  Oath. 


1  Section  4.     Members  of  the  general  assembly,  officers  of  the 

2  state  government  and  county  officers  shall,  before  entering  on 

3  the  duties  of  their  offices,  take  and  subscribe  the  following  oath 

4  or  affirmation:  "I  do  solemnly  swear  (or  affirm)  that  I  will  sup- 

5  port,  obey  and  defend  the  constitution  of  the  United  States  and 
C  the  constitution  of  the  commonwealth ;  and  that  I  will  discharge 

7  the  duties  of  my  office  with  fidelity." 

8  The  foregoing  shall  be  administered  by  a  i)erson  authorized 
1)  to  administer  oaths.    In  the  case  of  judges  of  the  siipreme  court 

10  and  of  the  superior  court  and  of  executive  officers  of  the  state 

11  government,  the  onth  shall  be  filed  in  the  office  of  the  secretary 

12  of  the  commonwealth.    In  the  case  of  other  judicial  officers  and 

13  of  county  officers,  the  oath  shall  be  filed  in  the  office  of  the  pro- 


280  REPORT  OF  THE  COMMISSION  ON 

Art.  VII,  Sec.  4 

1-i  thonotary  of  the  county  in  which  it  is  taken.    A  person  refusing 

15  to  take  such  oath  or  affirmation  shall  forfeit  his  office.    A  person 

16  who  shall  be  convicted  of  having  sworn  or  affirmed  falsely,  or 

17  of  having  violated  such  oath  or  affirmation,  shall  be  guilty  of 

18  perjury,  and  shall  be  forever  disqualilied  from  holding  any  office 

19  of  trust  or  profit  in  the  commonwealth.     The  oath  shall  be  ad- 

20  ministered  to  a  member  of  the  general  assembly  by  a  judge  of 

21  the  supreme  court  or  of  a  court  of  common  pleas,  in  the  hall  of 

22  the  house  to  which  the  affiant  has  been  elected. 

Note. 
Source:  Article  VII,  section  1: 

"Senators  and  representatives  and  all  judicial  state  and 
county  officers  shall,  before  entering  on  the  duties  of  their 
respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation:  '1  do  solemnly  swear  (or  affirm)  that  I  will 
support,  obey  and  defend  the  constitution  of  the  United 
States  and  the  constitution  of  this  commonwealth;  and 
that  I  will  discharge  the  duties  of  my  office  with  fidelity; 
that  I  have  not  paid  or  contributed,  or  promised  to  pay  or 
contribute,  either  directlj'^  or  indirectly,  any  money  or  other 
valuable  thing  to  procure  my '  nomination  or  election  (or 
appointment),  except  for  necessary  and  proper  expenses  ex- 
pressly authorized  by  law;  that  I  have  not  knowingly 
violated  any  election  law  of  this  commonwealth,  or  pro- 
cured it  to  be  done  l)y  others  in  my  behalf;  that  I  will  not 
knowingly  receive,  directly  or  indirecth',  any  money  or  other 
valuable  thing  for  the  performance  or  non-performance  of 
any  act  or  duty  pertaining  to  ni}'  office,  other  than  the  com- 
pensation allowed  by  law." 

"The  foregoing  oath  shall  be  administered  by  some  jjerson 
authorized  to  administer  oaths,  and  in  the  case  of  state 
offices  and  judges  of  the  supreme  court,  shall  be  filed  in  the 
office  of  the  secretary  of  the  commonwealth,  and  in  the  case 
of  other  judicial  and  count}^  officers,  in  the  office  of  the  pro- 
thonotary  of  the  county  in  which  the  same  is  taken;  any 
person  refusing  to  take  said  oath  or  affirmation  sliall  for- 
feit his  office;  and  any  person  who  shall  be  convicted  of 
having  sworn  or  affirmed  falsely,  or  of  having  violated  said 
oath  or  affirmation,  shall  be  guilty  of  perjury,  and  be  forever 
disqualified  from  holding  any  office  of  trust  or  profit  within 
this  commonwealth.  The  oath  to  the  members  of  the  senate 
and  house  of  representatives  shall  be  administered  by  one 
of  the  judges  of  the  supreme  court  or  of  a  court  of  common 
pleas,  learned  in  the  law,  in  the  hall  of  the  house  to  which 
the  members  shall  be  elected.'- 

Changes  in  Substance:  (1)  That  part  of  the  oath  in  the  present 
constitution  which  requires  the  person  to  expressly  state 
that  he  has  not  committed  the  crime  of  bribery  to  procure 
his  appointment  or  election,  or  violated  any  election  law  is 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  281 

Art.  VII,  Sec.  5 

omitted.  The  Commission  believe  that  the  person  who 
would  commit  these  crimes  would  not  hesitate  to  swear  that 
he  had  not  done  so,  and  thej  also  believe  that  the  recital 
of  these  omitted  provisions  at  present  greatly  detract  from 
the  solemnity  and  dignity  of  every  occasion  on  which  the 
oath  of  office  is  administered. 

(2)  The  oaths  of  jndges  of  the  supreme  court  are  required 
to  be  filed  in  the  office  of  the  secretary  of  the  commonwealth 
and  not,  as  at  present,  in  the  office  of  the  prothonotary  of 
'the  county  in  which  it  is  taken,  and  the  oaths  of  the  judges 
of  the  superior  court  are  also  required  to  be  filed  in  the 
office  of  the  secretary  of  the  commonwealth. 

Changes  in  Style:    The  Commission's  rules  of  style  have  been 
followed. 


Extension  of  Term  and  Change  of  Compensation. 

1  Section  5.    The  term  of  a  public  officer  shall  not  be  extended 

2  and  his  compensation  shall  not  be  increased  or  decreased  after 
.'!  his  election  or  appointment  except  that  the  compensation  of  a 
4     judge  required  to  be  learned  in  the  law  ma}^  be  increased. 

Note. 
Source:  Article  III,  section  1.3: 

"No  law  shall  extend  the  term  of  any  public  officer,  or 
"  increase  or  diminish  his  salary  or  emoluments,  after  his 
election  or  appointment." 

Changes  in  Substance:  The  provision  that  a  judge's  salary  may 
be  increased  but  not  diminished  is  new.  Under  the  present 
constitution  (Article  III,  section  13,)  the  salary  of  public 
officers  can  be  neither  increased  nor  diminished  during  his 
term.  This  has  been  held  not  to  apply  to  judges  (Common- 
wealth vs.  Cathues,  210  Pa.  372).  The  Commission  believe 
that  a  judge's  salary  should  not  be  diminished  but  that  it 
should  be  possible  to  increase  it,  because  a  judge  serves  for 
a  longer  term  than  other  public  officers.  As  proposed  by 
the  Commission  and  in  the  present  constitution,  the  termg 
of  supreme  court  judges  are  twenty-one  j^ears,  and  of  com- 
mon pleas  judges,  ten  years.  The  terms  of  superior  court 
judges,  as  proposed,  are  twenty-one  years.  The  recent  great 
increase  in  the  cost  of  living  demonstrates  the  desirability 
of  permitting  the  general  assembly  to  apply  an  increase  in 
the  salaries  of -long-term  offices  to  a  present  incuiubent. 

Changes  in  Style:  The  Commission's  rules  of  style  liave  been 
followed. 


282  REPORT  OF  THE  COMMISSION  ON 

Art.  VII,  Sec.  6 

Impeachment. 

1  Section  G.    All  officers  of  tlie  state  government  shall  be  liable 

2  to  inipeachnjent  for  a  misdemeanor  in  office.     The  power  of  im- 

3  peachment  shall  be  vested  in  the  honse  of  representatives.     An 

4  impeachment  shall  be  tried  by  the  senate  after  each  senator  has 

5  been  put  on  special  oath  or  affirmation.     The  person  impeached 

6  can  be  convicted   only  with  the  consent   of  two-thirds   of  the 

7  senators  present.     Such  conviction  shall  operate  to  remove  from 

8  office  the  person  convicted  and  to  disqualify  him  from  holding  a 

9  public  office  or  place  of  trust  or  profit,  but  shall  extend  no 
10  further.  The  person  impeached,  whether  acquitted  or  convicted, 
3 1  may  be  liable  to  indictment,  trial,  judgment  and  punishment  as 
12  prescribed  by  law. 

Note. 
Source:  (1)  Article  VI,  section  1: 

''The  house  of  representatives  shall  have  the  sole  power 
of  impeachment." 

(2)  Article  VI,  section  2: 

"All  impeachments  shall  be  tried  by  the  senate;  when 
sitting  for  that  purpose  the  senators  shall  be  upon  oath  or 
affirmation ;  no  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  members  present." 

# 

(3)  Article  VI,  section  3: 

"The  governor  and  all  other  civil  officers  shall  be  liable  to 
imiDeachment  for  any  misdenteanor  in  office,  but  judgment 
in  such  cases  shall  not  extend  further  than  to  removal  from 
oi'fice  and  disqualification  to  hold  any  office  of  trust  or  profit 
under  this  commonwealth ;  the  person  accused,  whether  con- 
victed or  acquitted,  shall  nevertheless  be  liable  to  indictment, 
trial,  judgment  and  punishment  according  to^aw." 

Changes  in  Substance:  None. 

Clarifying  Changes:  (1)  In  Article  VI,  section  3,  of  the  pres- 
ent Constitution  it  is  provided  that  all  "civil  officers"  shall 
be  liable  to  impeachment.  It  is  uncertain  whether  "civil 
officers"  include  members  of  the  general  assembW,  or  the 
officers  of  a  municipality.  In  the  wording  proposed,  it  is 
made  certain  that  judges  are  and  that  municipal  officers  are 
not  liable  to  impeachment  by  the  house  of  representatives. 

(2)  Article  VI,  section  3  of  the  present  constitution  pro- 
vides "but  judgment  in  such  cases  shall  not  extend  further 
than  to  removal  from  office."  This  leaves  it  uncertain 
whether  conviction,  of  itself,  removes  from  office.  Under  the 
wording  proposed,  it  would  be  certain  that  conviction 
operated  as  a  removal  from  office. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  283 

Art.  VII,  Sec.  7 

Removal  Otherwise  Than  by  Impeachment. 

1  Section  7.     An  officer  who  shall  be  convicted  of  an  infamous 

1*  crime  or  of  a  crime  the  commission  of  which  involves  tlie  viola- 

3  tion  of  an  obligation  imposed  on  him  as  an  officer,  shall  thereby 

4:  forfeit  his  office  and  shall  be  otherwise  punished  as  prescribed 

5  b}"  law. 

6  Appointed  officers,  other  than  judges  of  courts  of  record,  may 

8  be  removed  at  the  pleasure  of  the  appointing  power. 

9  Elected  officers  of  the  state  government,  except  the  governor, 

10  the  lieutenant-governor,  and  judges  of  the  courts  of  record,  sk»ll 

11  be  removed  by  the  governor  for  reasonable  cause,  after  due  notice 

12  and  full  hearing,  on  the  address  of  two-thirds  of  the  senate. 

13  Judges  of  courts  of  record,  other  than  the  judges  of  the  su- 

14  preme  and  superior  courts,  may  be  removed  by  the  governor  for 

15  reasonable  cause  after  due  notice  and  full  hearing  on  the  ad- 

16  dress  of  two-thirds  of  each  house  of  the  general  assembly. 

Note. 
Source:  (1)  Part  of  Article  V,  section  15: 

"All  judges  required  to  be  learned  in  the  law,  except  the 
judges  of  the  supreme  court  *  *  *  Yov  any  reasonable 
cause,  which  shall  not  be  sufficient  ground  for  impeachment, 
the  governor  may  remove  any  of  them  on  the  address  of 
two-thirds  of  each  house  of  tlie  general  assembly." 

(2)   Part  of  Article  VI,  section  4: 

"All  officers  *  *  *  shall  be  removed  on  conviction  ot 
misbehavior  in  office,  or  of  am'  infamous  crime.  Appointed 
officers,  other  than  judges  of  the  courts  of  record  and  the 
superintendent  of  public  instruction,  may  be  removed  at 
the  pleasure  of  the  power  by  which  they  shall  have  been 
appointed.  All  officers  elected  by  the  people,  except  gov- 
ernor, lieutenant-governor,  members  of  the  general  assembly 
and  judges  of  the  courts  of  record  learned  in  the  law,  shall 
be  removed  by  the  governor  for  reasonable  cause,  after  due 
notice  and  full  hearing  on  the  address  of  two-thirds  of  the 
senate." 

Changes  in  Substance:  None. 

Clarifying  Changes:  The  expression  in  the  present  constitution 
(Article  VI,  section  4),  "conviction  of  misbehavior  in  office," 
is  without  meaning.  There  is  no  such  crime  as  "misbehavior 
in  office,"  either  at  common  law  or  by  statute.  The  wording 
of  the  first  paragraph  of  the  section  as  proposed  probably 
expresses  the  meaning  intended  in  the  present  constitution. 

Changes  in  Style:  The  Commission's  rules  of  st3^1e  have  been 
followed. 


284  REPORT  OF  THE  COMMISSION  ON 

Art.  VII,  Sees.  8,  9 

Appointments  and  Promotions. 

1  Section  8.     Appointments  and  promotions  in  the  civil  service 

2  of  the  state  government  and  of  municipalities  shall  be  accord- 
o  ing  to  merit  and  fitness  to  be  ascertained,  so  far  as  practicable, 
4     by  competitive  examination. 

Note. 

Source:    The  section  is  entirely  new.    The  Commission  believes 
that  the  principle  expressed  is  of  such  fundamental  import- 
#•  auce  that  it  should  find  a  place  in  the  constitution. 


Bribery. 

1  Section  9.     A  member  of  the  general  assembly,  or  an  officer 

2  or  employe  of  the  state  government  or  of  a  municipality,  who 

3  shall  receive  or  agree  to  offer  or  receive  for  himself  or  for  an- 

4  other  any  money,  office,  appointment,  employment,  testimonial, 

5  reward,  thing  of  value  or  enjoyment,  or  of  personal  advantage  or 
f)  promise  thereof  to  influence  the  performance  of  a  public  duty, 

7  or  a  person  who  shall  give  or  promise  or  offer  to  give  any  money, 

8  or  thing  of  value,  testimonial,  privilege,  or  personal  advantage 

9  to  a  member  of  the  general  assend)ly  or  to  an  officer  or  employe 

10  of  the  state  government  or  of  a  municipality,  to  influence  him 

1 1  in  the  performance  of  a  public  duty,  shall  be  guilty  of  bribery, 
J2     and  shall  be  punished  as  prescribed  by  law. 

I.J  In  a  prosecution  for  bribery  or  attempted  bribeiy,  or  in  an 

14  investigation  thereof,  no  witness  except  the  accused  shall  be 

i.5  permitted  to  withhold  his  testimony  on  the  ground  that  it  may 

10  criminate  him  or  subject  him  to  infamy.     Such  testimony  shall 

17  not  afterwards  be  used  against  the  witness  in  a  judicial  proceed- 

18  ing  except  in  a  prosecution  for  perjury  in  giving  such  testimony. 

Source:  (1)  Article  III,  section  29: 

"A  member  of  the  general  assembl}'^  who  sluiU  solicit,  de- 
mand, or  receive,  or  consent  to  receive,  directly  or  indirectly, 
for  himself  or  for  another,  from  any  company,  corporation, 
or  person,  any  money,  office,  appointment,  employment,  testi- 
monial, reward,  thing  of  value  or  enjoyment,  or  of  personal 
advantage,  or  promise  thereof,  for  his  vote  or  official  in- 
fluence, or  for  withholding  the  same,  or  with  an  understand- 
ing, expressed  or  implied,  that  his  vote  or  official  action 
shall  be  in  any  way  influenced  thereby,  or  who  shall  solicit 
or  demand  any  such  money  or  other  advantage,  matter  or 
thing  aforesaid  for  another,  as  the  consideration  of  his  vote 
or  official  influence,  or  for  withholding  the  same,  or  shall 
give  or  withhold  his  vote  or  influence  in  consideration  of  the 
payment  or  promise  of  such  money,  advantage,  matter  or 
thing,  to  another,  shall  be  held  guilty  of  bribery  within  the 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  285 

Art.  VII,  Sec.  9 

meaning  of  this  constitution,  and  shall  incur  the  disabilitieH 
provided  thereby  for  said  offense,  and  such  additional  punish 
ment  as  is  or  shall  be  provided  by  law." 

(2)  Article  III,  section  30: 

"Any  person  who  sliall,  directly  or  indirecth',  offer,  give,  or 
promise,  anj-  mofiey,  or  thing  of  value,  testimonial,  privilege, 
or  personal  advantage,  to  any  executive  or  judicial  officer, 
or  member  of  the  general  assembly,  to  influence  him  in  the 
performance  of  any  of  his  public  or  official  duties,  shall  be 
guilty  of  bribery  and  be  punished  in  such  manner  as  shall 
be  provided  by  law. 

(3)  Article  111,  section  31: 

"The  offense  of  corrupt  solicitation  of  members  of  the 
general  asseudjl}^  or  of  public  officers  of  the  state  or  of  any 
municipal  division  thereof,  and  any  occupation  or  practice 
of  solicitation  of  such  members  or  officers  to  influence  their 
official  action,  shall  be  defined  by  law  and  shall  be  punished 
by  fine  and  imprisonment. 

(4)  Part  of  Article  III,  section  32: 

"Any  person  may  be  compelled  to  testify  in  any  lawful 
investigation  or  judicial  proceeding  against  any  person  who 
may  be  charged  with  having  com^mitted  the  offense  of 
bribery  or  corrupt  solicitation,  or  practices  of  solicitation, 
and  sliall  not  be  permitted  to  withhold  his  testimony  upon 
the  ground  that  it  may  criminate  himself  or  subject  him  to 
public  infamy;  but  such  testimony  shall  not  afterwards  be  • 
used  against  him  in  any  judicial  proceeding,  except  for 
perjury  in  giving  such  testimony.     *     *     "" 

Changes  in  Substance:  The  present  constitution  covers  corrupt 
behavior  of  a  member  of  the  general  assembly  (Article  III, 
^section  29),  and  the  corrupt  behavior  of  any  person  who 
bribes  or  tries  to  bribe  "any  executive  or  judicial  officer  or 
member  of  the  general  assembly"  (Section  30).  It  fails  to 
cover  the  corrupt  behavior  of  "officers  of  the  state  govern- 
ment or  of  a  municipality."  The  section  as  proposed  corrects 
this  omission  and  also  covers  bribery  of  employes  as  well  as 
of  officers. 

Clarifying  Changes:  The  provision  in  Article  III,  section  32  of 
the  present  constitution  that  "any  person  may  be  compelled 
to  testify  *  *  *  against  any  person"  in  a  bribery  case 
has  been  assumed  to  refer  only  to  witnesses  other  than  the 
accused.  The  common-law  principle  that  no  man  can  be 
compelled  to  give  evidence  which  will  criminate  him  is  in 
force  in  Pennsylvania  and  is  embodied  in  the  Act  of  May 
23,  1887,  P.  L.  158.  So  far  as  an  accused  person  is  concerned, 
it  has  been  expressed  in  the  bill  of  rights.  Article  I,  sec- 


286  REPORT  OF  THE  COMMISSION  ON 

Art.  VIII,  Sec.  1 

tion  9,  which  provides  that  "in  all  criminal  prosecutions  the 
accused  *  *  *  cannot  be  compelled  to  give  evidence 
against  himself."  So  far  as  mere  witnesses  are  concerned, 
there  are  two  exceptions  to  the  general  rule;  one  in  Itrihery 
cases,  Article  III,  section  32,  of  the  present  constitution,  in- 
cluded in  this  section,  and  the  other  in  election  cases,  Article 
VII I,  section  10,  of  tlie  present  constitution,  Article  VI,  sec- 
tion 5,  as  i)roposed.  The  Commission  have  assumed  that  tlie 
exception  with  respect  to  bribery  is  not  intended  to  conflict 
witii  tlie  bill  of  rights  and  have  therefore  limited  it  to  wit 
nesses  other  than  the  accused. 

Changes  in  Stjde:  The  proposed  section  contains  in  much  briefer 
form  the  substance  of  those  sections  of  the  present  constitu- 
tion from  which  it  is  derived. 


ARTICLE  VIII 


TAXATION  AND   FINANCE. 


Preliminary  Note. 

Source:     Article  IX  of  the  present  constitution. 

Arrangement:  The  order  of  subjects  is  as  follows: 

Arrangement:     The  order  of  subjects  is  as  follows: 

Taxation — sections  1,  2,  3. 

Debt  of  the  state  government — section  4. 

Pledging  the  credit  of  the  state  government — sections  (>  to  8, 

inclusive. 
Reserve  funds  of  the  state  government — section  9. 
Restrictions  in  regard  to  the  paying  out  of  public  moniy    - 

section  10. 
Punishment  for  misuse  of  moneys  of  the  state  government  - 

section  11. 


Method  of  Taxation. 


1  Section  1.     Taxes  shall  be  levied  and  collected  only  as  pre- 

2  scribed  by  general  law.    A  tax  shall  be  uniform  upon  the  same 

3  class  of  subjects  within  the  territorial  limits  of  the  taxing  an- 

4  thority,  except  that  an  income  or  a  decedent's  estate  below  a 

5  minimum  prescribed  by  law  may  be  exempted  from  income  and 

6  inheritance  taxes. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  287 

Art.  VIII,  Sec.  1 

7  Laws  may  be  enacted  providing  for  the  levying  and  collecting 

8  of  a  special  tax  on  antliracite  coal  when  prepared  for  market. 

9  An  appropriation  not  exceeding  the  amount  of  the  proceeds  of 

10  such  tax  may  be  made  by  law  for  the  relief  of  persons,  corpora- 

11  tions,  associations   and   municipalities  injured  or  damaged   by 

12  surface  subsidence  lesuting  from  past  or  future  mining  of  an- 

13  thracite  coal. 

Note. 
Source:  Part  of  Article  IX,  section  1: 

"All  taxes  shall  be  uniform,  upon  the  same  class  of  sub- 
jects, within  the  territorial  limits  of  the  authority  levying 
the  tax,  and  shall  be  levied  and  collected  under  general 
laws;    *    *    *" 

Changes  in  Substance:  (1)  An  income  or  a  decedent's  estate  be- 
low a  minimum  pre'scribed  by  law  may  be  exempted  from 
income  and  inheritance  taxes.  The  Supreme  Court  has  held 
that  such  exemption  is  not  permitted  under  the  present  con- 
stitution, except  in  the  case  of  the  collateral  inheritance  tax 
collected  under  a  law  enacted  before  the  constitution  became 
effective  (Cope's  Estate,  191  Pa.  1).  The  Commission  be- 
lieve that  the  enactment  of  laws  exempting  small  incomes 
and  small  estates  from  such  taxes  should  be  permitted.  The 
majority  of  the  Commission  do  not  regard  it  as  desirable  to 
permit  graduated  income  or  inheritance  taxes. 

(2)  The  Commission  visited  the  City  of  Scranton  and  saw 
the  conditions  created  by  mine  cave  ins.  They  believe  those 
conditions  present  problems  of  grave  importance.  The  sec- 
ond paragraph  of  the  section  as  proposed  is  recommended 
for  adoption  to  make  possible  a  solution  of  the  practical 
problems  presented  which  will  be  fair  to  the  public  and  the 
persons  and  corporations  especially  affected. 

Changes  in  Style:  In  the  present  constitution  the  part  of  Article 
IX,  section  1,  embodied  in  this  section  ends  with  the  words 
"and  shall  be  levied  and  collected  under  general  laws."  As 
uniformity  is  provided  for  in  the  first  part  of  the  section, 
the  only  possible  meaning  to  attach  to  the  words  quoted 
would  appear  to  be  the  prohibition  against  le\^ang  and  col- 
lecting taxes  by  executive  order.  This  is  a  very  important 
provision  and  therefore  we  have  made  it  the  subject  of  the 
opening  sentence  of  the  revised  section. 

The  provision  that  "a  reasonable  exemption  from  inheri- 
tance taxes  may  be  allowed"  limits  the  rule  of  imiformity 
only.  It  does  not  limit  the  rule  that  "taxes  must  be  levied 
and  collected  as  prescribed  by  law."  For  this  reason  we 
have  transposed  the  order  of  these  clauses. 

The  substance  of  the  last  clause  of  Article  IX,  section  1, 
of  the  present  coustitutiou  lias  l)een  transferred  to  section  2, 
of  this  article. 


Art.  VIII,  Sec.  2 


REPORT  OF  THE  COMMISSION  ON 


Exemption  From  Taxation, 


1  Section  2.    Laws  maj'^  exempt  from  taxation  only  public  prop- 

2  erty  used  for  public  purposes,  places  used  for  relij];ious  worship, 

3  places  of  burial  not  used  or  held  for  private  profit,  and  institu- 

4  tions  of  purely  public  charity.    Private  property  used  for  a  part 

5  or  all  of  the  time  for  ediicatioiml  purposes  shall  only  be-exempted 

6  if  the  basic  language  of  instruction  is  English  and  if  the  educa- 

7  fional  standards  are  as  high  as  in  the  public  institntioiis  with 

8  which  it  is  intended  to  compete, 

N'ote, 

Sourse:  (1)  Part  of  Article  IX,  section  1: 

"*  *  *  the  general  assembly  may,  by  general  laws,  ex- 
empt from  taxation  public  property  used  for  public  pur- 
poses, actual  places  of  religious  worship,  places  of  burial  not 
used  or  held  for  private  or  corporate  profit,  and  institutions 
of  purely  public  charity," 

(2)  Article  IX,  section  2: 

"All  laws  exempting  property  from  taxation,  other  than 
the  property  above  enumerated,  shall  be  void." 

Changes  in  Substance:  Article  IX,  section  2,  in  the  present  con- 
stitution, permits  exemptions  where  the  property  is  used  for 
an  edncational  purpose  by  institutions  of  purely  public 
charity.  The  concluding  sentence  of  the  section  suggested 
makes  it  possible  for  laws  to  exempt  only  (a)  if  the  corpora- 
tion, association  or  institution  using  the  propert^^  for  a  part 
or  all  of  the  time  for  educational  purposes  employs  English 
as  "the  principal  language  of  instruction,"  and  (b)  "if  the 
educational  standards  are  as  high  as  in  the  public  institu- 
tions with  which  it  is  intended  to  compete."  Your  Commis- 
sion believe  that  private  educational  efforts  should  be  dis- 
couraged when  they  tend  to  prevent  persons  from  acquiring 
a  knowledge  of  the  English  language,  or  give  an  education 
inferior  to  that  which  they  would  obtain  in  the  public 
schools.     (Compare  Article  XI,  section  6,  as  proposed.) 

The  words  "for  a  part  or  all  of  the  time"  have  been  used 
to  prevent  exemption  from  taxation  being  given  property 
used  for  a  school  where  a  foreign  language  is  employed  as 
the  principal  language  of  instruction  or  the  standard  of  in- 
struction is  below  that  of  the  puldic  schools,  on  the  ground 
thnt  it  is  also  used  for  and  therefore  it  is  place  of  religious 
worship. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 

The  requirement  that  all  exemptions  must  be  by  general 
laws  is  omitted  because  covered  by  Article  III,  section  20, 
clause  (o). 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  289 

Art.  VIII,  Sees.  3,  4 

Power  to  Tax  not  to  be  Surrendered. 

1  Section  o.     Tlie  power  to  tax  shall  not  be  sniTendered  or  sns- 

2  peuded  h\  contract  or  grant. 

Note. 

Sonrce:  .Article  TX,  section  3: 

"The  ])ower  to  tax  corporations  and  corporate  property 
shall  not  he  snrrendered  or  suspended  by  any  contract  or 
grant  to  whicli  the  state  shall  be  a  party.'' 

Changes  in  Substance:  None. 

Clarifying  Change:  Tinder  the  wording  of  the  present  constitu- 
tion, it  may  be  regarded  as  doubtful  Avhether  a  municipality 
can  or  cannot  surrender  its  power  to  tax.  Under  the  word- 
ing proposed  by  tlie  Commission,  this  doubt  is  removed.  The 
section  as  worded  is  not  limited  in  its  application  to  the 
state  government. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Limitation  on  State  Debt. 

1  Section  -l.     A  debt  shall  be  created  by  the  state  government 

2  only  to  supply  casual  deficiencies  of  revenue  not  exceeding  one 

3  million  dollars,  to  repel  invasion,  to  suppress  insurrection,  to 

4  defend  the  coiunionwealth  in  war,  to  pay  existing  debts,  to  im- 

5  prove  and  rebuild  highways  in  the  state  and  to  acquire  land  in 
(I  the  state  for  f(>rest  jturifoses.  A  debt  for  highways  shall  not  be 
7  incurred  in  excess  of  one  hundred  and  fifty  million  dollars,  or  for 
S  forest  purposes  in  excess  of  twent}'-five  million  dollars.  A  debt 
0  for  highway  or  forest  purposes  shall  be  created  only  with  the  con- 

10  sent  of  two-thirds  of  each  house  of  the  general  assembly  and  with 

1 1  the  consent  of  a  majority  of  the  electors  of  the  commonwealth 

12  voting  on  the  question ;  except  that  the  adoption  of  this  consti- 

13  tution  by  the  electors  shall  be  taken  to  authorize  a  law  providing 

14  for  the  issuance  of  bonds  for  forest  purposes  not  in  excess  of 

15  three  million,  one  hundred  and  twenty-five  thousand  dollars  an- 
10  nually  for  eight  years. 

Note. 
Source:  Article  IX,  section  4  (Amendment  of  Nov.  5,  1918): 

"No  debt  shall  be  created  by  or  on  behalf  of  the  state,  ex- 
cept to  supply  casual  deficiencies  of  revenue,  repel  invasion, 
suppress  insurrection,  defend  the  state  in  war,  or  to  pay 
existing  debt ;  and  the  debt  created  to  supply  deficiencies  in 
revenue  shall  never  exceed  in  the  aggregate,  at  any  one  time, 
one  million  doHars:  Provirled,  however.  That  the  general 
assembly,  iriespective  of  any  debt,  may  authorize  the  state 
19 


290  KEI'ORT  OF  THE  COMMISSION  ON 

Art.  VIII,  Sees.  5,  6 

to  issue  bonds  to  the  amount  of  tilty  millions  of  dollars  for 
the  puri)ose  of  improving  and  rebuilding  the  highways  of  the 
commonwealth." 

Changes  in  trsubstance:  (1)  The  amount  which  can  be  borrowed 
for  highways  is  increased  from  fifty  million  to  one  hundred 
and  Mty  millions  of  dollars. 

(2)  A  debt  not  exceeding  twenty-five  million  dollars  may 
be  created  for  forest  purposes. 

(3)  A  bill  authorizing  a  debt  to  improve  and  rebuild  high- 
ways or  for  forest  purposes  must  be  passed  by  a  two-thirds 
vote  of  the  members  elected  to  each  house  and  must  also  re- 
ceive the  consent  of  a  majority  of  the  electors  of  the  com- 
monwealth voting  on  the  question,  except  that  the  adoption 
of  the  pro]josed  constitution  by  the  electors  shall  be  taken 
to  authorize  a  law  providing  for  the  issuance  of  bonds  for 
forest  purposes  not  in  excess  of  three  million,  one  hundred 
and  twenty-five  thousand  dollars  annually  for  eight  years. 

Changes  in  Style:  Article  IX,  section  4,  of  the  present  constitu- 
tion (Amendment  of  November  5,  1918),  provides  that  "No 
debt  shall  be  created  by  or  on  behalf  .>f  the  state  govern- 
ment." We  have  omitted  the  words  "on  behalf  of"  because  a 
debt  of  the  state  government  can  be  created  only  by  an 
authorized  agent  of  the  state  government  and  when  created 
by  such  agent  is  created  by  the  state  government. 


Law  Shall  State  Purpose  of  Loan. 

1  Section  5.    A  law  authorizing  the  borrowing  of  money  by  the 

2  state  government  shall   specify  the  purpose  of  the  loan.     The 
8     money  borrowed  shall  be  used  only  for  such  j)urpose. 

Note. 
Source:     Article  IX,  section  5: 

"All  laws,  authorizing  the  borrowing  of  money  by  and  on 
behalf  of  the  state,  shall  specify  the  purpose  for  which  the 
money  is  to  be  used,  and  the  money  so  borrowed  shall  be 
used  for  the  purpose  specified  and  no  other." 

Changes  in  Substance:  None. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Amortization  of  State  Debt. 

1  Section  6.     The  state  government  shall  not  incur  a  debt  matur- 

2  ing  more  than  fifty  years  thereafter. 

3  If  serial  bonds  are  issued  for  a  debt,  the  aggregate  am'onnt  of 

4  principal  and  interest  payable  in  respect  to  the  debt  in  any  year 

5  shall  not  be  less  than  the  amount  payable  in  any  later  year 


CONSTITUTIONAL  AMENDMENT  AND   REVISION.  291 

Art.  VIII,  Sec.  6 

(J  If  serial  bonds  are  not  issued,  tlie  state  government  sliall  main- 

7  tain  by  law  a  sinking  fund  sufficient  to  pay  the  accruing  interest 

8  on  such  debt  and  annually  to  reduce  the  principal  by  a  sum  not 

9  less  than  three  per  centum  of  such  principal.    The  money  of  the 

10  sinking  fund  shall  be  invested  only  in  the  bonds  of  the  United 

11  States  or  of  the  state  government. 

Note. 
Source:  (1)  Article  IX,  section  11: 

''To  provide  for  the  payment  of  the  present  state  debt, 
and  any  additional  debt  contracted  as  aforesaid,  the  general 
assembly  shall  continue  and  maintain  the  sinking  fund  suf- 
ficient to  pay  the  accruing  interest  on  such  debt,  and  an- 
nuallj'  to  reduce  the  principal  thereof  hj  a  sum  not  less 
than  two  hundred  and  fifty  thousand  dollars;  the  said  sink- 
ing fund  shall  consist  of  the  proceeds  of  the  sales  of  the 
public  works  or  any  j)art  thereof,  and  of  the  income  or  pro- 
ceeds of  the  sale  of  an}-  stocks  owned  by  the  commonwealth, 
together  with  other  funds  and  resources  that  maj'  be  desig- 
nated by  law,  and  shall  be  increased  from  time  to  time  by 
assigning  to  it  any  part  of  the  taxes  or  other  revenues  of 
the  state  not  required  for  the  ordinary-  and  current  expenses 
of  government;  and  unless  in  case  of  war,  invasion  or  in- 
surrection, no  part  of  the  said  sinking  fund  shall  be  used 
or  applied  otherwise  than  in  the  extinguishment  of  the 
public  debt." 

(2)     Article  IX,  section  12: 

"■*  *  *  and  the  moneys  of  the  sinking  fund  shall  never 
be  invested  or  loaned  upon  the  security  of  anything,  except 
the  bonds  of  the  United  States  or  of  this  state." 

Changes  in  Substances:  (1)  The  section  as  proposed  limits  the 
date  of  maturity  of  a  debt  of  the  state  government  to  a 
period  of  not  more  than  fifty  years.  The  useful  life  of  the 
average  public  improvement  does  not  exceed  that  time.  The 
fifty-year  period  corresponds  to  the  provision  Avhich  has  been 
adopted  for  municii)al  debts.  (See  Article  XIII,  section 
IS).  Furthermore,  as  the  state  government  is  permitted,  by 
the  proposed  constitution,  to  issue  serial  bonds,  it  is  neces- 
sary to  state  in  the  constitution  the  maximum  life  which 
may  be  given  to  the  longest  bond  in  the  series. 

(2)  It  permits  the  state  government  to  discard  the  sink- 
ing fund  method  of  amortization  and  adopt  the  more  modern 
and,  your  Commission  believe,  the  better  method  of  issuing 
bonds  a  definite  fraction  of  which  shall  fall  due  each  year. 

(3)  The  provisions  in  the  present  constitution  and  in  the 
section  as  adopted  by  the  Commission,  attempting  to  direct 
what  the  sinking  fund  shall  consist  of,  are  omitted.  As 
worded,  the  present  provisions  raise  several  important  ques- 
tions which  it  is  not  easy  to  answer.    Thus,  it  is  stated  that 


292  REPORT  OF  THE  COMMISSION  OX 

Art.  VIII,  Sec.  7 

tlio  siiildnjj  fund  is  to  consist  of  the  income  or  x)rocee<ls  of 
tlie  sale  of  stocks  owned  by  the  state  government.  Is  this 
confined  to  stocks  acquired  by  purchase  by  the  state  govern- 
ment? If  it  is  not,  suppose  A  dies  and  leaves  a  specific 
legacy  of  designated  stocks  to  the  state:  Do  the  income  or 
proceeds  of  the  sale  of  these  stocks  have  to  be  paid  into  the 
sinking  fund?  It  is  entirely  clear  that  tlie  proceeds  of  the 
-  sale  of  the  stock  by  an  administrator  where  the  state  es- 
cheats to  the  commonwealth  do  not  have  to  be  paid  into 
the  sinking  fund?  Tf  they  did  have  to  be  paid  into  the  sink- 
ing fund,  there  is  a  conflict  between  the  provisions  of  this 
section  and  Article  XI,  section  5,  Avhicli  requires  that  all 
money  derived  from  escheated  estates  shall  become  part  of 
the  state  school  fu.nd.  The  present  constitution  also  pro- 
vides that  the  sinking  fund  shall  be  increased  from  time  to 
time  by  assigning  to  it  any  part  of  the  taxes  or  other  revenue 
of  the  state  government  not  required  for  the  "ordinary  and 
current  exjtenses  of  government."  Is  it  entirely  clear  that 
the  proceeds  of  a  special  tax  levied  for  an  extraordinary 
purpose — as  to  build  a  bridge  across  the  Delaware — would 
not  have  to  be  paid  into  the  sinking  fund  as  not  being  an 
ordinary  and  current  expense?  If  the  words  "ordinan^  and 
current"  are  to  have  any  meaning  what  is  their  meaning? 
— except  an  expression  of  the  principle  that  so  long  as  there 
are  state  debts  to  be  paid  no  revenue  can  be  raised  for  what 
the  supreme  court  might  regard  as  an  extraordinary  pur- 
pose. 

Even  if  the  intent  of  the  piovisions  could  be  made  plain, 
your  Committee  do  not  regard  it  as  desirable  that  the  con- 
stitution should  attempt  to  designate  the  nature  of  the 
assets  of  the  sinking  fund. 

(4)  The  requirement  in  Article  IX,  section  II  of  the  pre 
sent  constitution,  that  the  sinking  fund  shall  be  sufficient 
to  pay  accruing  interest  on  the  debt  and  reduce  the  principal 
by  |250,0()0,  has  been  changed  so  as  to  require  tb.e  i-eduction 
of  the  principal  by  three  per  centum  jinnually. 

(5)  In  the  present  constitution  the  sinking  fund  may  be 
used  for  purposes  other  than  the  reduction  of  the  public 
debt,  in  case  of  war,  invasion  or  insurrection.  The  sug- 
gested section  omits  these  exceptions. 

Changes  in  Style:   The  Commission's  rules  of  style  have  been 
followed. 


State  Credit  Not  to  be  Pledged. 

1  Section  7.     The  state  government  shall  not  ]»ledge  or  lend  its 

2  credit  to  an  individual,  corporation  or  association  and  shall  not 

3  become  a  stockholder  or  an  owner  in  a  corporation  or  associa- 

4  tiou. 


CONSTITUTIONAI.  AMENDMENT  AND   REVISION.  293 

Art.  VIII,  Sec.  8 

Note. 

Source:     Article  IX,  section  G:  ' 

"The  credit  of  the  coiiiinoiiwealth  shall  not  be  pledged  or 
loaned  to  any  individual,  company,  corporation  or  associa- 
tion, nor  shall  the  commonwealth  become  a  joint  owner  or 
stockholder  in  any  company,  association  or  corporation." 

Changes  in  Substance:    None. 

Clarifying  Changes:  Under  the  wording  of  Anicle  IX,  section 
6  in  the  present  constitution,  prohibiting  the  commonwealth 
from  becoming  a  "joint  owner  or  stockholder'  it  is  not  en- 
tirely clear  whether  the  word  ''joint"  is  intended  to  qualify 
the  word  "owner"  and  the  word  "stockholder.''  If  it  does, 
it  would  follow  that  the  state  government  could  become  the 
sole  owner  of  all  the  stock  of  a  corporation  but  could  not 
become  the  owner  of  part  of  the  stock  and  thus  share  respon- 
sibility with  i^rivate  owners.  We  believe  the  re- wording  sug- 
gested, which,  by  omitting  the  word  "joint,"  makes  it  clear 
that  the  state  government  shall  not  own  the  stock  or  other 
evidence  of  ownership  of  a  corporation  or  an  incorporated 
association,  expresses  a  fundamental  rule  which  should  not 
be  subject  to  possible  qualifications. 

Changes  in  Style:  The  Commission's  rules  of  st\de  have  been 
followed. 


Municipal  Debt  Not  to  be  Assumed  by  State. 

1  Section  8.     The  state  government  shall  not  assume  the  debt 

2  of  a  municipality  unless  contracted  to  enable  the  commonwealth 

3  to  repel  inv^asion,  to  suppress  insurrection  or  to  defend  itself  in 

4  war. 

Note. 
Source:     Article  IX,  section  9: 

"The  commonwealth  shall  not  assume  the  debt,  or  any 
part  thereof,  of  any  city,  county,  borough  or  township,  un- 
less such  debt  shall  have  been  contracted  to  enable  the  state 
to  repel  invasion,  suppress  domestic  insurrection,  defend 
itself  in  time  of  war,  or  to  assist  the  state  in  the  discharge 
of  any  portion  of  its  present  indebtedness." 

Changes  in  Substance:  The  use  of  the  word  "municipality"  in 
the  proposed  section,  instead  of  "city,  county,  borough  or 
township,"  applies  the  principle  enumerated  in  the  section 
to  any  municipality,  as  "municipality'"  is  defined  in  Article 
XIIT,  section  1. 

Changes  in  Style:  Article  IX,  section  0  of  the  present  constitu- 
tion, provides  that  the  state  may  assume  the  debt  of  a  "city, 
county,  borough  or  township''  when  the  debt  has  been  con- 


294  REPORT  OF  THE  COMMISSION  ON 

Art.  VIII,  Sees.  9,  10 

tracted  "to  assist  the  state  in  the  discharge  of  any  portion 
of  its  present  indebtedness."  Tliis  has  been  omittedi  as 
obsolete.  No  part  of  the  present  indebtedness  of  any  munici- 
pality has  been  contracted. for  such  a  purpose. 

The  Commission's  rules  of  stvle  have  been  followed. 


Reserve  Funds. 


1  Section  9.     The  money  held  as  necessary  reserve  by  the  state 

2  government  shall  be  limited  by  law  to  the  amount  required  tor 

3  current  expenses  and  shall  be  secured  and  kept  as  prescribed  by 

4  law.    Monthly  statements  shall  be  published  showing  the  amount 

5  of  such  money,  where  it  is  deposited,  and  how  it  is  secured. 

Note. 
Source:     Article  IX,  section  13: 

"The-  moneys  held  as  necessary  reserve  shall  be  limited 
by  law  to  the  amount  required  for  current  expenses,  and 
shall  be  secured  and  kept  as  may  be  provided  by  law. 
Monthly  statements  shall  be  published  showing  the  amount 
of  such  moneys,  where  the  same  are  deposited,  and  how 
secured." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Paying  Out  Public  Money. 

1  Secfion  10.     Money  shall  be  paid  out  of  the  state  treasury 

2  only  on  appropriations  made  by  law  and  on  warrant  by  the 

3  proper  officer  in  pursuance  thereof. 

Note. 
Source:     Article  III,  section  IG: 

"No  money  shall  be  paid  out  of  the  treasury,  except  upon 
appropriations  made  by  law,  and  on  warrant  by  the  proper 
officer  in  pursuance  thereof.'' 

Changes  in  Substance:     None. 

Changes  in  Style:     The  (Commission's  rules  of  style  have  been 
followed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  295 

Art.  VIII,  11;  Art.  IX 

Misuse  of  Public  Moneys. 

1  Section  11.     An  officer  or  an  employe  of  the  state  government 

2  or  of  a  municipality  or  a  member  of  the  general  assembly  who 
.'{     shall  make  or  attempt  to  make  a  profit  out  of  the  money  of  the 

4  state  government  or  of  a  municipality  or  shall  use  it  for  an 

5  unauthorized   puri)ose,   shall  be  guilty  of  a   misdemeanor  and 
(J     shall  he  p'.inislied  as  prescribed  by  law. 

Note. 
Source:     Part  of  Article  IX,  section  14: 

''The  making  of  profit  out  of  the  public  moneys  or  using 
the  same  for  any  purpose  not  authorized  by  law  by  any  officer 
of  the  state,  or  member  or  officer  of  the  general  assembly, 
shall  be  a  misdemeanor  and  shall  be  punished  as  may  be 
provided  by  law,     *     *     * 

Changes  in  Substance:  The  principle  expressed  in  Article  IX, 
section  4  of  the  present  constitution  has  been  extended  to 
"employes." 

Clarifying  Changes:  (1)  Under  the  present  constitution,  it  is 
not  clear  whether  "public  moneys"  include  moneys  belong- 
ing to  a  municipalit}^  or  only  moneys  of  the  state  government. 
Again  it  is  not  clear  whether  "officer  of  the  state"  includes 
any  officer  who  is  not  an  officer  of  the  state  government. 
In  view  of  the  fact  that,  in  the  present  constitution,  this 
section  follows  a  section  which  evidently  deals  exclusively 
with  money  of  the  state  government,  it  is  probably  that  tlie 
drafters  of  the  section  intended  ot  confine  its  provisions  to 
officers  of  the  state  government  misusing  state  money.  As 
proposed,  the  section  is  worded  so  as  to  include  the  officers 
of  a  municipality. 

(2)   It  is  made  clear  that  an  attempt  to  make  a  profit  is- 
covered  by  this  section. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 

The  last  part  of  Article  IX,  section  14,  of  the  present  constitu- 
tion, referring  to  a  disqualification  for  holding  office  has 
been  transferred  to  Article  VII,  section  3. 


ARTICLE  IX. 


CORPORATIONS. 


Preliminary  Note. 

Source:  Article  XVI  of  the  present  constitution,  in  so  far  as 
the  provisions  of  that  article  relate  to  all  private  corpora- 
tions and  are  not  special  regulations  of  public  utilities. 


'2UC,  TIKPORT  OV  Till:  COMMISSION  ON 

Art.  IX,  Sec.  1 

Title:  Article  XVI  of  the  present  constitution  is  entitle*!  "Pri- 
vate Cor])orati()ns."  The  Conimi.ssion  have  entitled  this 
article  "('or])orations"  because,  except  where  specially 
limited  by  the  wordini^'  of  the  section  to  a  particular  class  of 
corporations,  the  provisions  relate  to  all  corporations, 
whether  or  not  they  are  engaged  in  the  operation  of  a  i-'ublic 
facility,  as  a  railroad  or  a  lelegraph.  Furthermore,  since 
the  word  "coi'poration"  is  used  throughou.t  the  jtrojjosed 
constitution  as  delined  in  this  article,  section  lo.  and  is 
never  used  as  including-  "muicipal  corporations,''  it  is  not 
necessary  to  indicate  in  the  title  to  this  article  that  such 
public  corporations  are  not  inclnded. 

Arrangement:     The  order  of  subjects  is  as  follows: 
Cori>orate  poT-^ers — section  1. 
Corporate  securities — sections  2  to  4  inclusive. 
Cor]K)rate  elections — section  5. 
Foreign  corporations — section  6. 
Miscellaneous — sections  7  to  12  inclusive. 
Definition — section  18. 


Corporate  Powers. 

1  Section  1.     A  corporation  shall  engage  only  in  the  business 

2  authorized  by  its  charter. 

Note. 
Source:     Article  XVI,  section  (»: 

"Xo  corporation  shall  engage  in  any  business  other  than 
that  exi)ressly  authorized  in  its  charter,  nor  shall  it  take  or 
hold  any  real  estate  except  such  as  may  be  necessary  and 
proper  for  its  legitimate  business.'' 

Changes  in  Substance:  The  provision  in  the  present  constitu- 
tton  that  a  corporation  cannot  hold  any  real  estate  except 
such  as  may  be  necessary  and  i)roper  for  its  business  has 
been  omitted  because  if  it  only  means  that  a  corporation 
cannot  hold  any  real  estate  for  the  purpose  of  engaging  in 
a  business  not  authorized  by  its  charter,  sufh  holding  is  pre- 
vented by  the  wording  of  the  section  herein  suggested.  If 
the  wording  of  the  present  constitution  may  be  interpreted 
as  preventing  a  corjioration  holding  for  its  future  use  in  its 
authorized  business  more  property  than  it  is  actually  using 
in  its  business  at  tliQ  moment,  the  provision  is  harmful, 
because  it  prevents  jiersons  carrying  on  business  in  corporate 
form  from  acting  in  the  conduct  of  their  business  as  ordi- 
nary prudent  business  men  should  act,  in  that  it  prevents 
them  from  securing  sufficient  real  estate  to  anticipate  what 
they  may  reasonably  exi>ect  to  be  the  needs  of  their  business. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  207 

Art.  IX,  Sec  2 

Changes  iu  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Stocks  and  Bonds. 


1  Section  2.     Subject  to  such  regulations  as  to  issue  and  sale 

l>  as  may  be  prescriljed  by  law  or  by  an  agency  established  by  law, 

;;  shares  of  stock  may  be  issued  with  or  without  par  value.     Shares 

4  of  stock  having  par  value  sliall  be  issued  as  full  jtaid  only  for  the 

5  equivalent  of  such  par  value  in  money,  labor  done  or  property 
()  received,  except  that  a   corporation  may  issue  additional  full 

7  paid  shares  as  prescribed  by  law  or  by  an  agency   created  by  law, 

8  for  a  consideration  in  money,  labor  done  or  property  ecpial  to  the 

9  current  market  value  of  its  shares  theretofore  issued.     Neither 
1()  the  stock  nor  the  indebtedness  of  corporations  shall  be  increased 

11  except  in  pursuance  of  general  law  or  without  the  consent  of 

12  the  holders  of  the  larger  amount  in  value  of  the  stock  first  ob- 
i;^>  tained  at  a  ujeeting  to  be  held  after  thirty  days'  notice  given  in 
14  pursuance  of  law. 

Note. 
Source:     Article  X\'I,  section  7: 

"Xo  corporation  shall  issue  stocks  or  bonds  except  for 
money,  labor  done,  or  money  or  i)roperty  actually  leceived; 
and  all  fictitious  increase  of  stock  or  indebtedness  shall  be 
void.  The  stock  aiid  indebtedness  of  corporations  shall  not 
be  increased  except  in  pursuance  of  general  law,  nor  without 
the  consent  of  the  persons  holding  the  larger  amount  in  value 
of  the  stock,  first  obtained  at  a  meeting  to  be  held  after 
sixty  days'  notice  given  in  pursuance  of  law." 

Changes  in  Substance:  (1)  That  part  of  the  section  lierein  pro- 
posed which  provides  that  a  corporation  may  issue  full-paid 
shares  for  a  consideration  equal  to  the  current  market  value 
of  tlie  shares  heretofore  issued,  makes  it  possible  for  a 
corporation  whose  shares  are  below  par  on  the  market  to 
procure  additional  cai>ital  by  issuing  and  selling  additional 
stock  ))eIow  par,  provided  the  price  paid  by  the  subscriber  is 
not  less  than  the  current  market  value  of  the  shares  thereto- 
fore issued.  The  majority  of  the  Commission  believe  that 
this  exception  to  the  general  principle  that  shares  of  stock 
shall  not  be  issued  for  a  value  received  by  the  corjjoration 
less  than  that  stated  on  the  certificate  is  wise,  because  other- 
wise a  corpoiation  whose  stock  is  beloAV  par  is  prevented 
from  securing  additional  capital  by  increasing  the  amount 
contributed  by  the  owners,  and  therefore  is  obliged  to  secure 
such  additional  cajutal  by  increasing  its  liabilities  to  out- 
siders. The  possible  abuse  of  the  privilege  of  issuing,  under 
the  conditions  set  forth,  stock  at  less  than  par,  is"  in  the 


298  REPORT  OF  THE  COMMISSION  ON 

Art.  IX,  Sec  3 

judgment  of  the  majority  of  the  Commission,  sufficiently 
safeguarded  in  the  provisions  providing  for  public  notice  to 
be  specified  in  the  act  regulating  the  exercise  of  this  consti- 
tutional power,  or  by  an  agency  created  by  law. 

(2)  The  provision  of  Article  XVI,  section  7,  of  the  present 
constitution,  requiring  bonds  to  be  issued  onl}'^  for  money, 
labor  done  or  property  actually  received,  has  been  omitted. 

(3)  The  sixty  days'  notice  required  in  the  present  constitu- 
tion for  a  meeting  to  pass  on  proposed  issues  of  stock  or  in- 
debtedness is  reduced  to  thirty  days. 

Clarifying  Changes:  (1)  The  statement  that  stock  maj'  be 
issued  without  par  value  prevents  the  possiblity  of  the  rest 
of  the  section  being  interpreted  as  indirectly  prohibiting 
stock  being  issued  without  par  value.  There  is  a  possibility 
of  this  question  being  raised  under  the  wording  of  Article 
XVI,  section  7,  in  the  present  constitution. 

(2)  The  provisions  in  Article  XVI,  section  7,  of  the 
present  constitution,  that  "all  fictitious  increase  of  stock  or 
indebtedness  shall  be  void,"  is  omitted.  The  provision  is 
ambiguous  and  therefore  merely  invites  litigation,  as  there 
is  no  basis  for  determining  what  a  fictitious  issue  is.  To  en- 
force literally  the  provision  would  often  do  great  injustice 
to  innocent  holders  of  such  securities  who  buy  in  good  faith 
without  knowledge  of  the  original  infirmity  of  issue. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Investment  of  Trust  Funds. 

1  Section  3.     No  law   shall  authorize   fiduciaries  to  invest  in 

2  stock  or  securities  issued  hy  a  corporation  except  in  bonds  ap- 

3  proved  by  an  agency  created  by  law. 

Note. 
Source:     Article  III,  section  22: 

"No  act  of  the  general  assembly  shall  authorize  the  in- 
vestment of  trust  funds  by  executors,  administrators,  guar- 
dians or  other  trustees,  in  the  bonds  or  stocks  of  any  private 
corporation,  and  such  acts  now  existing  are  avoided  saving 
investments  heretofore  made." 

Changes  in  Substance:  The  provisions  permitting  investment  in 
the  bonds  of  a  corporation  when  the  investment  is  approved 
by  an  agency  created  by  law  is  new.  The  Commission  be- 
lieve that,  as  thus  carefully  safe-guarded,  the  extension  of 
possible  trust  investments  under  tlie  wording  of  the  pro- 
posed section  is  advisable.  The  bonds  of  many  corporations 
secured  by  a  first  mortgage  are,  from  the  point  of  view  of  the 
careful  investor,  absolutely  safe. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  299 

Art.  IX,  Sees.  4,  5 

Changes  in  Style:  The  provision  in  the  present  constitution 
"and  such  acts  now  existing  are  avoided  saving  investments 
heretol'ore  made"  is  omitted  because  it  has  become  obsolete. 


Bank  Notes  and  Bills. 

1  Section  4.     A  note  or  bill  issued  for  circulation  by  a  banking 

2  corporation  shall  be  registered  and  countersigned  b}^  an  officer 
H     of  the  state  government,  and  its  payment  shall  be  secured  by  the 

4  deposit  of  security  to  the  full  amount  thereof  with  the  state 

5  treasurer.     The  method  of  registering,  countersigning  and  secur- 

6  ing  payment  shall  be  prescribed  by  law. 

Note. 
Source:     Article  XVI,  section  9: 

"Every  banking  law  shall  provide  for  the  registry  and 
countersigning,  by  an  officer  of  the  state,  of  all  notes  or  bills 
designed  for  circulation,  and  that  ample  security  to  the  full 
amount  thereof  shall  be  deposited  with  the  auditor  general 
for  the  redemption  of  such  notes  or  bills." 

Changes  in  Substance:  Security  must  be  deposited  with  the 
state  treasurer,  not  with  the  auditor  general  as  required  by 
the  present  constitution. 

Changes  in  Style:  The  words  "banking  law"  in  Article  XVI, 
section  9,  of  the  present  constitution,  must  be  interpreted  in- 
a  special  technical  meaning  as  denoting  "a  law  regulating 
the  issue  by  banks  of  bills  and  notes  for  circulation  as 
money,"  or  the  section  is  meaningless.  Tlie  wording  of  the 
section  herein  proposed  avoids  this  necessity. 


Cumulative  Votins:. 


Section  5.  In  elections  for  directors  or  managers  of  a  corpora- 
tion each  member  or  voting  stockholder  may  cast  his  votes  for 
one  candidate,  or  may  distribute  them  among  two  or  more  candi- 
dates. 

Note. 
Source:     Article  XVI,  section  4: 

"In  all  elections  for  directors  or  managers  of  a  corporation 
each  member  or  shareholder  may  cast  "the  whole  number  of 
his  votes  for  one  candidate,  or  distribute  them  upon  two  or 
more  candidates  as  he  may  prefer." 

Changes  in  Substance:     None. 


300  REPORT  OF  T1I]0  COMMISSION  ON 

Art.  IX,  Sees.  6,  7 

Clarifying  Changes:  Article  XVI,  section  4  of  the  present 
constitution  is  worded  as  if  there  never  was  an  agreement 
between  stockholders  that  the  holders  of  a  certain  class  of 
stock  were  without  voting  power.  In  practice,  stock  without 
voting  riglits  is  issued  and  your  Commission  do  not  believe 
that  the  constitution  should  be  so  worded  as  to  throw  a 
doubt  on  the  legality  of  the  restriction.  The  re-wording  of 
the  section  as  herein  suggested  therefore  expressly  contines 
the  right  of  cumulative  voting  to  those  members  or  stock- 
holders who  have  voting  rights. 

Changes  in  Style:  The  Commission's,  rules  of  style  have  been 
followed. 


Foreign  Corporations. 

Section  (5.  A  foreign  corporation  shall  not  do  business  in  this 
state  without  having  in  the  state  a  known  place  of  business  and 
without  making  the  secretary  of  the  commonwealth  an  agent  of 
the  corporation  upon  whom  process  may  be  served. 

Note. 

Source:     Article  XV^l,  section  5: 

"Xo  foreign  corporation  shall  do  any  business  in  this 
state  without  having  one  or  more  known  places  of  business 
and  ail  authorized  agent  or  agents  in  the  same  upon  whom 
process  may  be  served." 

Changes  in  Substance:  The  existing  statutory  law  (see  Act  of 
June  8,  IDll,  L.  710 j,  requires  a  foreign  corporation  doing 
business  in  the  state  to  designate  the  secretar}-  of  the  com- 
monwealth as  its  agent  ui^on  whom  process  may  be  serv^ed. 
It  does  not  require  such  corporation  to  designate  an  agent  in 
its  place  or  agents  in  its  places  of  business.  The  present 
practice,  irres^jective  of  Avhether  it  conforms  to  the  existing 
constitutional  requirement,  efficiently  protects  persons  hav- 
ing claims  against  sucli  foreign  corporations  which  they 
desire  to  prosecute  in  the  courts.  The  wording  of  the  section 
suggested  would  malce  the  constituiioual  requirement  con- 
form to  a  rule  that  lias  been  proved  to  be  satisfactor}'. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Commonwealth's  Rights  of  Eminent  Domain  and  Police  Power. 

1  Section  7.  The  exercise  of  the  right  of  eminent  domain  shall 
1'  not  be  abridged  or  so  construed  as  to  prevent  the  taking  by  law 
3     of  the  property  and  franchises  of  corporations  and  subjecting 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  ."{Ol 

Art.  IX,  Sec,  8 

4  them  to  public  use  the  same  as  the  property  of  individuals.     The 

.")  exercise  of  the  police  power  shall  uot  be  abridged  or  so  construed 

(>  as  to  permit  corporations  to  conduct  their  business  in  such  man- 

7  ner  as  to  infringe  the  equal  rights  of  individuals  or  the  general 

8  well-being  of  the  state. 

Note. 
Source:     Article  XVI,  section  3: 

*'The  exercise  of  the  right  of  eminent  domain  shall  never 
be  abridged  or  so  construed  as  to  permit  the  general  assem- 
bly from  taking  the  property  and  franchises  of  incorporated 
companies,  and  subjecting  them  to  public  use,  the  same  as 
the  property  of  individuals;  and  the  exercise  of  the  police 
power  of  the  state  shall  never  be  abridged  or  so  construed 
as  to  permit  corporations  to  conduct  their  business  in  such 
manner  as  to  infringe  the  equal  rights  of  individuals  or  the 
general  Avell-being  of  the  state." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Corporate  Obligations  Owned  by  State. 

1  Section  8.     Except  as  prescribed  by  law,  an  obligation  of  a 

2  corporation  held  or  owned  by  the  state  government  shall  not  be 
'.i  exchanged,  transferred,  remitted,  postponed,  diminished  or  dis- 
4     charged  except  by  payment  thereof  into  the  state  treasury. 

Note. 
Source:     Article  III,  section  24: 

"No  obligation  or  liability  of  any  railroad  or  other  cor- 
poration, held  or  owned  by  the  commonwealth,  shall  ever  be 
exchanged,  transferred,  remitted,  postponed  or  in  any  Avay 
diminished  by  the  general  assembly,  nor  shall  such  liability 
or  obligation  be  released,  except  by  payment  thereof  into 
the  state  treasury." 

Changes  in  Substance:  The  restrictions  of  the  section  are  con- 
fined to  cases  where  no  provision  for  dealing  with  the  sub- 
ject has  been  prescribed  by  law.  The  Commission  believe 
that  the  state  government  should  have  the  right  to  make 
regulations  under  Avhich  it  could  deal  with  the  obligations 
of  a  corporation  held  b}'  it  in  any  manner  conducive  to  the 
public  interest,  and  that  it  may  be  that  in  order  to  safe- 
guard the  interests  of  the  state  government  as  an  owner  of 
corporate  securities,  the  state  government  should  be  per- 
mitted to  exchange,  transfer  or  even  to  remit,  postpone  or 
diminish  the  obligation. 

Changes  in  Style:  The  Commission's  rules  of  st^de  have  beer 
followed. 


302  REPORT  OF  THE  COMMISSION  ON 

Art.  IX,  Sees.  9,  10 

Statutes  of  Limitations. 

1  Section  9.     No  law  shall  discriminate  between  corporations 

2  and  individuals  with  resjiect  to  the  time  in  which  suit  may  be 

3  brought  against  either. 

Note. 
Source:    Part  of  Article  III,  section  21: 

u*  *  *  ^Q  Q^^>^  shall  prescribe  any  limitations  of  time 
within  which  suits  may  be  brought  against  corporations  for 
injuries  to  persons  or  property,  or  for  other  causes,  different 
from  those  fixed  by  general  laws  regulating  actions  against 
natural  persons,  and  such  acts  now  existing  are  avoided." 
(Amendments  of  November  2,  1915.) 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Revocation  and  Alteration  of  Corporate  Charters. 

1  Section  10.     Laws  ma^^  be  enacted  for  the  alteration,  revoca- 

2  tion,  or  annulment  of  corporate  charters  revocable  when  this 

3  constitution  becomes  effective  or  thereafter  granted  when  such 

4  charters  shall  be  deemed  injurious  to  the  citizens  of  the  common- 

5  wealth,  in  such  manner,  however,  that  no  injustice  sliall  be  done. 

Note. 
Source:     Article  XVI,  section  10: 

"The  general  assembly  shall  have  the  power  to  alter,  re- 
voke or  annul  any  charter  of  incorporation  now  existing 
and  revokable  at  the  adoption  of  this  constitution,  or  any 
that  may  hereafter  be  created,  whenever  in  their  opinion  it 
may  be  injurious  to  the  citizens  of  this  commonwealth,  in 
such  manner,  however,  that  no  injustice  shall  be  done  to  the 
corporators.  No  law  hereafter  enacted  shall  create,  renew 
or  extend  the  charter  of  more  than  one  corporation." 

Changes  in  Substance:     None. 

Clarifying  Changes:  The  Commission  have  omitted  that  part  of 
Article  XVI,  section  10,  of  the  present  constitution,  which 
provides  that:  "No  law  hereafter  enacted  shall  create,  renew 
or  extend  the  charter  of  more  than  one  corporation,"  be- 
cause there  is  apparently  a  direct  conflict  between  its  pro- 
vision and  Article  111,  section  20,  clause  (m),  (Article  III, 
section  7,  clause  26  of  the  present  constitution)  which  pro- 
vides that  no  special  laAv  shall  be  enacted  "creating  corpora- 
tions, or  amending,  renewing  or  extending  their  charters." 
It  is  evident  that  a  literal  enforcement  of  both  of  these  pro- 
visions would  prevent  the  creation  of  any  corporation,  or 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  303 

Art.  IX,  Sec.  11 

the  renewal  or  the  extension  of  the  charter  of  any  existing 
corporation.  By  the  provisions  of  Article  III,  a  law  creat- 
ing, extending  or  renewing  a  corporation  cannot  be  special, 
that  is,  apply  to  only  one  designated  corporation ;  while  un- 
der the  provisions  of  Article  XVI,  no  general  law  creating 
corporations  or  extending  or  renewing  the  charters  of  exist- 
ing corporations  can  be  passed. 

The  conflict  between  the  two  articles  apparently  occurred 
in  the  following  manner:  The  Convention  of  1837  adopted 
the  policy  of  preventing  a  law  being  passed  creating  more 
than  one  corporation,  or  renewing  or  extending  the  charter 
of  more  than  one  corporation.  This  policy  was  embodied  in 
the  constitution  of  1838,  Article  I,  section  25,  which  pro- 
vides: "No  law  hereafter  enacted  shall  create,  renew  or  ex- 
tend the  charter  of  more  than  one  corporation." 

The  Convention  of  1873  adopted  an  entirely  different 
policy,  namely,  that  of  preventing  any  special  law  being 
passed  relating  to  corporations.  This  policy  they  embodied 
in  Article  III,  section  7,  clause  26,  of  the  present  constitu- 
tion, but  omitted  to  strike  out  the  provision  of  the  constitu- 
tion of  1838. 

The  conflict  is  avoided  in  the  section  proposed  by  omitting 
that  part  of  Article  XVI,  section  10,  of  the  present  consti- 
tution, which  embodies  the  earlier  and  now  obsolete  policy 
of  the  constitution  of  1838. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Conditions  Imposed  on  Certain  Benefits  to  Corporations. 

1  Section  11.     No  law  shall  remit  the  forfeiture  of  the  charter 

2  of  a  corporation  now  existing,  or  amend  the  same,  or  otherwise 

3  benefit   such   corporation,  except  upon   condition  that  it  shall 

4  thereafter   hold   its   charter   subject   to   the   provisions    of  this 

5  constitution. 

Note. 
Source:     Article  XVI,  section  2: 

"The  general  assembly  shall  not  remit  the  forfeiture  of 
the  charter  of  any  corporation  now  existing,  or  alter  or 
amend  the  same,  or  pass  any  other  general  or  special  law 
for  the  benefit  of  such  corporation,  except  upon  the  condi- 
tion that  such  corporation  shall  thereafter  hold  its  charter 
subject  to  the  provisions  of  this  constitution." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


.•!()4  REPORT  OF  THE  COMMISSION  ON 

Art.  IX,  Sees.  12,  13 

Bank  and  Trust  Companies. 

1  Section   12.     Laws  may  be  enacted  to  provide  for  the  incor- 

2  poration   of  banks   and   trust   companies  and   to  prescribe   the 

3  powers  thereof. 

Note. 
Source:     Article  XVI,  section  11: 

"The  general  assembly  shall  have  the  power  bj'  general  law 
to  provide  for  the  incorporation  of  banks  and  trust  com- 
panies and  to  prescribe  the  powers  thereof."  (Amendment 
of  November  2,  1920.) 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rwles  of  style  have  been 
followed. 


Definition  of  Corporations. 

1  Section  13.     The  term  "corporation"  as  used  in  this  constitu- 

2  tioH  includes  joint  stock  companies  or  associations  having  any 

3  of  the  powers  or  privileges  of  corporations  not  possessed   by 

4  individuals  or  partnerships. 

Note. 
Source:     Article  X.yi,  section  13: 

"The  term  ^corporations,'  as  used  in  this  article,  shall  be 
construed  to  include  all  joint  stock  companies  or  associa- 
tions having  any  of  the  powers  or  privileges  of  corporations 
not  possessed  by  individuals  or  partnerships." 

Changes  in  Substance:     None. 

Clarifying  ('hanges:  As,  throughout  tlie  draft  of  tlu'  con- 
stitution herein  suggested,  the  term  "corporation"  is  never 
used  except  as  defined  in  this  section,  the  limitation  of  the 
definition  found  in  the  present  constitution  to  the  use  of  the 
term  "in  this  article"  is  omitted. 

Changes  in  Style:  The  Comuiission's  rules  of  style  have  been 
followed. 


CONSTITUTIONAL  AMl^XDMENT  AND  REVISION.  .'lOo 

Art.  X,  Sec.  1 

ARTICLE  X. 


PUBLIC  UTILITIES. 


Preliminary  Note. 

Source:  Article  XVII  of  the  present  constitution  and  all  those 
provisions  in  Article  XVI  which  relate  to  public  utilities. 

Title:  In  the  present  constitution,  Article  XVII  is  entitled 
"Kailroads  and  Canals."  As,  in  the  draft  of  the  constitu- 
tion herein  proposed  we  have  expanded  many  of  the  provi- 
sions to  cover  all  common  carriers,  or,  in  many  cases,  all 
public  utilities,  the  restricted  title  of  the  present  article  is 
no  longer  applicable.  We  have  used  the  title  '^Public  Utili- 
ties" rather  than  the  title  "Public  Service  Corporations"  be- 
cause, throughout  the  article,  except  when  the  provisions 
are  expressly  limited  to  corporations,  the  obligations  im- 
posed do  not  vary  because  the  public  utility  is  owned  or 
operated  by  an  individual  or  an  unincorporated  association, 
rather  than  a  corporation. 

Arrangement:  .  The  order  of  subjects  is  as  follows: 

General  power  of  regulation  of  public  utilities — section  1. 

Mutual  rights  and  obligations  of  certain  classes  of  public 
utilities — sections  2  to  4,  inclusive. 

Rights  of  individuals,  associations  and  corporations  in  re- 
gard to  the  charges  and  .services  of  certain  classes  of  public 
utilities — sections  5  and  Q. 

Provisions  in  regard  to  the  consolidation  of  public  service; 
corporations — section  7. 

Limitation  of  powers  of  common  carriers — sections  S 
and  0. 

Special  ]>rovisious  in  regard  to  the  waters  of  the  state — 
section  10. 

Enforcement  of  this  article — section  11. 


Regulation  of  Public  Utilities. 

1  Section  1.     Public  service  and  the  business  of  those  engaged 

2  therein  may  be  regnlated  by  law  or  by  an  agency  c-i'eated  by  law. 

Note. 
Source:     This  is  entirely  new  matter.     Although  it  is  a  state- 
ment of  a  principle  universally  recognized  by  the  courts, 
the  Commission  believe  that  its  fundamental  character  and 
importance  warrant  its  embodiment  in  the  constitution. 

20 


306  REPORT  OF  THE  COMMISSION  ON 

Art.  X,  Sees.  2,  3 

Eminent  Domain. 

1  Section  2.     A  corporation,  association,  individual  or  munici- 

2  pality  invested  with  tlie  privilege  of  taking  private  propertj^  I'or 

3  public  use  shall  make  just  compensation  for  property  taken,  in- 

4  jured  or  destroyed.     The  compensation  shall  be  paid  or  secured 

5  before  such  taking,  injury  or  destruction.    No  law  shall  deprive 

6  a  person  of  an  appeal  from  a  preliminary  assessment  of  damages, 

7  and,  on  appeal,  either  party  may  have  the  damages  assessed  by 

8  a  jury 'according  to  the  course  of  the  common  law. 

Note. 
Source:     Article  XVI,  section  8: 

"Municipal  and  other  corporations  and  individuals  in- 
vested with  the  privilege  of  taking  private  property'  for  pub- 
lic use  shall  make  just  comi)ensation  for  property  taken,  in- 
.  jured  or  destroyed  by  the  construction  or  enlargement  of 
their  works,  highways  or  improvements,  which  compensation 
shall  1)6  paid  or  secured  before  such  taking,  injury  or  de- 
struction. The  general  assembly  is  hereby  prohibited  from 
depriving  any  person  of  an  appeal  from  any  preliminary  as- 
sessment of  damages  against  any  such  corporations  or  indi- 
viduals made  by  viev/ers  or  otherwise;  and  the  amount  of 
such  damages  in  all  cases  of  appeal  shall  on  the  demand  of 
either  party  be  determined  by  a  jurj-  according  to  the  course 
of  the  common  law.'' 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Common  Carriers,  Telegraph  and  Telephone  Lines. 

1  Section  3.     Railroads  and  canals  shall  be  public  highways  and 

2  railroad  and  canal  corporations  shall  be  common  carriers.    Such 

3  corporations   may  construct  and   operate  railroads  and  canals 

4  between  any  points  within  the  state  and  may  cross  and  connect 
-  5  with  other  railroads  and  canals  within  the  state  and  at  the  state 

6  line.    They  shall  receive,  at  connecting  points,  and  shall  trans- 

7  port,  each  other's  passengers  and  freight  without  delay  or  dis- 

8  crimination.     Kailroad  corporations  shall  receive  at  connecting 

9  points  and  transport  each  other's  cars  and  canal  corporations 

10  shall  likewise  receive  and  transport  each  other's  vessels. 

11  A  corporation  organized  for  the  purpose  shall  have  the  right 

12  to  construct  lines  of  telegraph  and  telephone  within  the  state. 

13  The  owners  or  operators  of  telegraph  or  telephone  lines  may 

14  connect  them  with  the  telegra])h  and  telephone  lines  of  others. 

15  They  shall  receive  at  connecting  points  and  shall  transmit  each 

16  other's  messages. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  307 

Art.  X,  Sec.  3 

17  The  rights  and  obligatious  set  forth  in  this  section  shall  be 

18  exercised  only  as  prescribed  by  law  or  by  an  agency  created 

19  by  law. 

Note. 
Source:     (1)     Article  XVII,  section  1: 

"All  railroads  and  canals  shall  be  public  highways,  and 
all  railroad  and  canal  companies  shall  be  common  carriers. 
Any  association  or  corporation  organized  for  the  purpose 
shall  have  the  right  to  construct  and  operate  a  railroad  be- 
tween any  points  within  this  state,  and  to  connect  at  the 
state  line  with  railroads  of  other  states.  Every^  railroad 
company  shall  have  the  right  with  its  road  to  intersect, 
connect  with  or  cross  any  other  railroad;  and  shall  receive 
and  transport  each  the  other's  passengers,  tonnage  and  cars 
loaded  or  empty,  without  delay  or  discrimination." 

(2)     Part  of  Article  XVI,  section  12: 

"Any  association  or  corporation  organized  for  the  purpose, 
or  any  individual,  shall  have  the  right  to  construct  and  main- 
tain lines  of  telegraph  within  this  state,  and  to  connect  the 
same  with  other  lines,  and  the  general  assembly  shall,  by 
general  law  of  uniform  operation,  provide  reasonable  regu- 
lations to  give  full  effect  ti>  this  section.     *     *     *" 

Changes  in  Substance:  (1)  The  statement  of  the  right  to  con- 
struct and  operate  a  railroad  is  confined  to  corporations 
organized  for  the  purpose.  In  the  present  constitution  the 
right  is  conferred,  also,  on  "associations  *  *  *  organ- 
ized for  the  purpose."  The  section  herein  proposed  omits 
any  reference  to  associations  because  it  is  not  practical  to 
carry  on  the  business  of  constructing  and  maintaining  a 
railroad  by  a  private  agency  other  than  a  corporation. 

(2)  The  right  to  construct  and  operate  a  canal  is  ex- 
pressly given  to  canal  corporations. 

(3)  As  herein  suggested,  the  section  sets  forth  the  right, 
of  a  canal  corporation  to  connect  its  facilities  with  and 
construct  its  facilities  across  the  facilities  or  other  canals 
and  railroad  corporations,  and  the  right  of  a  railroad  corpo- 
ration to  connect  its  facilities  with  and  construct  its  facili- 
ties across  the  facilities  of  other  railroads  aud  canals.  Un- 
der the  present  constitution,  this  right  of  connection  and 
crossing  is  confined  to  railroad  corporations,  and  the  right 
of  railroad  corporations  to  connect  their  facilities  with  or 
construct  their  facilities  across  the  facilities  of  canal  corpo- 
rations is  not  mentioned. 

(4)  The  section  herein  suggested  sets  forth  the  obligations 
of  a  railroad  corporation  to  receive  aud  transport  tlie  passen- 
gers and  freight  delivered  at  conneeting  points  l)y  other  rail- 
road and  canal  corporations.  Under  the  present  constitu- 
tion, the  statement  of  obligation  is  confined  to  railroad  corpo- 
rations, no  reference  being  made  to  any  obligation  on  rail- 


808  REPORT  OF  THE  COMMISSION  ON 

Art.  X,  Sees.  4,  5 

road  corporations  to  receive  and  transport  passengers  and 
freight  delivered  by  canal  corporations,  or  of  a  recijjrocal 
obligation  on  the  part  of  cjinal  corporations. 

(5)  The  section  herein  suggested  sets  fortli  the  o'.iligation 
of  a  railroad  corporation  to  receive  and  transport  tlie  cars 
of  another  railroad  corpoi-ation  when  delivered  at  connect- 
ing points,  and  also  the  obligation  of  a  canal  corporation  to 
receive  and  transport  the  vessels  of  other  canal  corporations 
when  delivered  at  connecting  points.  Tlie  wording  of  the 
corresponding  section  in  the  j>resent  constitntion  confines 
the  statement  of  the  obligation  to  the  obligation  of  railroad 
corporations  to  receive  and  transport  each  other's  cars. 

(6)  Article  X^'l,  section  12,  of  the  present  constitntion 
gives  to  individnals,  associations  and  corporations  the  right 
to  construct  and  maintain  telegraph  lines.  The  section  pro- 
j)osed  confines  this  constitutional  right  to  corporaticms  or- 
ganized for  the  purpose  and  confers  on  telephone  cori)ora- 

*  tions  a  similar  riglit  in  respect  to  telephone  lines. 

Changes  in  Style:     The  Commission's  rules  of  style  liave  been 
followed. 


Construction  of  Canals  to  Conform  to  Fixed  Standards. 

1  Section  4.     Provision  shall  be  made  by  law  for  tlie  construc- 

2  tion  of  canals  in  accordance  with  standards  prescribed  by  law 
o     or  by  an  agency  created  by  law. 

Note. 

Source:  This  is  enfirely  new  matter.  The  mutual  right  oT 
transporting  canal  vessels  is  not  practicable  unless  canal 
facilities  are  constructed  according  to  standards,  which,  as 
far  as  practicable,  should  be  uniform  through  the  state. 
These  standards  should  be  prescribed  by  law  or  by  an  agency 
like  tlie  Tublic  Service  Conmiissiou. 


No  Discrimination  in  Services  or   Charges. 

1  Section  5.     All  individuals,  associations  and  corporations  shall 

2  have  equal  right  to  liave  persons  and  pro]>ertv  trans])orted  over 
■  \  railroads  and   canals   and   to  have  messages   transmitted  over 

4  telegraph  and  telephone  lines.  There  shall  be  no  undue  or  un- 
•")  reasonable  discrimination,  in  facilities  or  cliaiges,  for  such  trans- 
()  portation  or  transmission  witliin  the  state  or  coming  from  or 
7  going  to  another  state.     A  charge  for  such  transportation  or 

5  transmission  within  tlie  state  shall  not  exceed  the  charge  for  a 
U  similar  service  in  the  same  direction  to  a  more  distant  point  but 

io  excursion  or  commutation  tickets  may  be  issued  at  special  rates. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  309 

Art.  X,  Sec.  6 

Note, 
t^onrce :     Article  X^■  1 1 ,  section  3 : 

"All  iiidividiials,  associations  and  c»>i[)<>i;Uioiis  shall  have 
equal  right  to  have  persons  and  jn'operty  t!ans]><)rted  over 
railroads  and  canals,  and  no  nndne  or  unreasonable  discrim- 
ination shall  be  made  in  charges  for  or  in  facilities  for, 
transportation  of  freight  or  passengers  within  the  state  or 
coming  from  or  going  to  any  other  state.  Persons  and 
proper!}'  transported  over  any  railroad  shall  be  delivered  at 
any  station  at  charges  not  exceeding  the  charges  for  trans- 
jfortation  of  persons  and  property  of  the  same  class  in  the 
same  direction  to  any  more  distant  station ;  but  excursion 
and  commutation  tickets  may  be  issued  at  special  rates." 

Changes  in  Substance:  The  extension  to  the  services  and  charges 
of  telegraph  and  telephone  lines,  of  the  principle  end)odied 
in  the  corresponding  sections  of  the  present  constitution 
l)reventing  discrimination  in  the  service  and  charges  by  rail- 
road and  canal  corporations,  and  a  less  charge  by  sncli 
corporations  for  transportation  to  a  more  distant  than  a 
nearer  point  in  the  same  direction. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
folloAved. 


Preferences  and  Rebates  Prohibited. 

Section  6.  No  discrimination  in  charges  or  facilities  for  trans- 
portation shall  be  made  between  transportation  corporations  and 
individuals,  or  in  favor  of  eitlier,  by  abatement,  drawback  or 
otherwise,  and  no  railroad  or  canal  corporation,  or  any  lessee, 
manager  or  employe  thereof,  shall  make  i)refereuces  in  furnish- 
ing service. 

Note. 
Source:     Article  XVII,  section  7: 

''Xo  discrimination  in  charges  or  facilities  for  transporta- 
tion shall  be  made  between  transportation  companies  and 
individuals,  or  in  favor  of  either,  by  abatement,  drawback 
or  otherwise,  and  no  railroad  or  canal  company,  or\iny 
lessee,  manager  or  employe  thereof,  shall  make  any  prefer- 
ences in  furnishing  cars  or  motive  power." 

Changes  in  Substance:     X'one. 

Changes  in  Style:  The  exact  language  ol  the  corres])onding  sec- 
tion in  the  present  constitution  is  used,  except  that  in  ac- 
cordance with  the  uniform  recommendation  of  the  Commis- 
sion, the  word  "corporation"  is  used  instead  of  "company." 


310  REPORT  OF  THE  COMMISSION  ON 

Art.  X,  Sec.  7 

Consolidation  Permitted. 

1  Section  7.     A  public  service  corporation,  when  authorized  by 

2  law  or  by  an  agency  created  by  law,  may  consolidate  with  an- 

3  other  public  service  corporation  or  may  acquire  its  stock,  prop- 

4  erty  or  franchise. 

Note. 
Source:     Article  XVIT,  section  4: 

"No  railroad,  canal  or  other  corporation,  or  the  lessees, 
purchasers  or  managers  of  any  railroad  or  canal  corporation, 
shall  consolidate  the  stock,  property  or  franchises  of  such 
corporation  with,  or  lease,  or  purchase  the  works  or  fran- 
chises of,  or  in  any  way  control  any  other  railroad  or  canal 
corporation  owning  or  having  under  its  control  a  parallel 
or  competing  line ;  nor  shall  any  officer  of  such  railroad  or 
canal  coi^poration  act  as  an  officer  of  any  other  railroad  or 
canal  corporation  owning  or  having  the  control  of  a  parallel 
or  competing  line;  and  the  question  whether  railroads  or 
canals  are  parallel  or  competing  lines  shall,  when  demanded 
by  the  party  complainant,  be  decided  by  a  jury  as  in  other 
civil  issues." 

Changes  in  Substance:  The  provisions  of  the  present  constitu- 
tion (Article  XVII,  section  4)  are  confined  to  railroads  and 
canal  corjiorations,  owning  or  operating  competing  lines. 
When  the  present  constitution  Avas  adopted,  the  importance 
of  railroads  and  canals  overshadowed  the  comparatively  few 
corporations  carrying  on  other  kinds  of  public  service.  There 
was,  therefore,  at  that  time,  not  the  necessity  which  exists 
today  of  expressing  in  the  constitution  the  policy  of  the 
commonwealth  towards  the  whole  subject  of  the  consolidation 
of  public  service  corporations  irrespective  of  the  nature  of 
the  public  service  performed. 

In  the  proposed  section,  it  is  expressly  stated  that  any 
two  or  more  public  service  corporations  may  consolidate 
when  permitted  to  do  so  by  law  or  by  an  agency  created  by 
law,  such  as  the  Public  Service  Commission. 

When  the  present  Constitution  was  adopted,  the  only  known 
way  to  prevent  the  evils  of  the  monopolistic  control  of  public 
utilities  by  private  corporations  was  to  prevent  the  consoli- 
'  dation  of  any  two  public  service  corporations  which  operated 
public  facilities.  In  the  last  fifty  years  an  entirely  new 
system  of  meeting  the  problems  presented  by  the  private 
ownership  and  operation  of  public  utilities  has  become  firmly 
established  in  federal  and  state  practice.  The  state  govern- 
ment, through  its  public  service  commission  is  exercising 
the  power  of  tlie  commonwealth  to  regulate  the  rates  of 
charges  made  and  the  service  given  by  all  public  service 
corporations.  Under  the  present  system  of  complete  })ublic 
regulation  as  to  rates  and  service,  there  are  many  cases  in 
which  the  consolidation  of  two  public  service  corporations 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  311 


Art.  X,  Sec.  8 


and  the  operation  of  their  facilities  as  one  system,  as,  for 
instance,  all  the  passenger  railway  lines  in  a  city,  may  be  of 
distinct  advantage  to  the  public.  Two  telephone  lines  serv- 
ing the  same  district,  though  in  some  cases  of  temporary 
advantage  to  the  public,  in  others  represent  an  unnecessary 
and  therefore  uneconomical  and  harmful  waste  of  capital 
and  energy. 

We  believe,  therefore,  that  the  policy  expressed  in  Article 
XVII,  section  4,  of  the  present  constitution,  which  seeks  to 
absolutely  prevent,  under  all  circumstances,  the  consolida- 
tion of  canal  or  railroad  corporations  owning  parallel  or 
competing  lines,  is  unwise.  This  does  not  mean,  however, 
that  we  believe  two  such  corporations  should  be  allowed  to 
consolidate-  at  any  time.  On  the  contrary,  we  believe  that 
the  whole  question  of  their  consolidation  should  be  regulated 
by  law  or  by  an  agency  created  by  law,  such  as  the  Public 
Service  Commission.  The  section  as  proposed  herein  em- 
bodies this  policy. 

Changes  in  Stjle:     The  Commission's  rules  of  style  have  been 
followed. 


Powers  of  Common  Carriers. 

1  Section  8.     A  corporation  being  a  common  carrier  shall  not 

2  transport  over  facilities  which  it  owns  or  operates  articles  which 

3  it  has,  directly  or  indirectly,  mined  or  manufactured  for  sale. 

4  It  shall  engage  only  in  the  business  of  a  common  carrier,  ex- 

5  cept  that  if  it  uses  electricity  as  a  motive  power,  it  may,  when 
G     authorized  by  an  agency  created  by  law,  furnish  electricity  to 

7  other  for  light,  heat  or  power. 

8  A  mining  or  manufacturing  corporation  shall  not  be  deemed 
U     a  common  carrier  for  the  purposes  of  this  section  by  reason  of 

10  carrying-  its  products  on  its  railroad  or  canal  not  exceeding  fifty 

11  miles  in  length. 

Note. 
Source:     Article  XVII,  section  5: 

"No  incorporated  company  doing  the  business  of  a  com- 
mon carrier  shall,  directly  or  indirectly,  prosecute  or  engage 
in  mining  or  manufacturing  articles  for  transportation  over 
its  works;  nor  shall  such  company,  directly  or  indirectly,  en- 
gage in  anj  other  business  than  that  of  common  carriers,  or 
hold  or  acquire  lands,  freehold  or  leasehold,  directly  or  in- 
directly, except  such  as  shall  be  necessary  for  carrying  on  its 
business;  but  any  mining  or  manufacturing  company  may 
carry  the  products  of  its  mines  and  manufactories  on  its 
railroad  or  canal  not  exceeding  fifty  miles  in  length." 


?,V2  REPORT  OF  TUE  COMMISSION  ON 

Art.  X,  Sec.  8 

Changes  in  Snbstance:  (1)  The  present  constitution.  Article 
XA'Il,  section  5,  expressly  prevents  a  common  carrier  from 
ac(iniring  laud  not  necessary  for  its  business.  This  pro- 
vision has  been  omitted  because  the  existence  of  the  provision 
tends  to  jjrevent  ac(piiring  laud  that,  while  not  immediately 
necessary  for  the  business  of  the  common  carrier,  should  be 
actpiired  to  provi<le  for  future  needs.  Article  IX,  as  pro- 
posed, i)revents  a  corporation  going  into  any  business  not 
authorized  by  its  charter.  The  omission  of  the  restriction 
whicli  is  found  in  the  present  constitution,  therefore,  will  not 
enable  a  common  carrier  to  acquire  land  for  otlier  purjioses 
than  its  legitimate  business. 

(2)  Article  XVII,  section  5,  prevents  a  cori)oratiou  being 
a  common  carrier  engaging  in  any  other  business.  The  sec- 
tion herein  proposed  makes  one  exception  hj  giving  to  a 
common  carrier  using  electricit}'  as  a  motive  power  the 
right  "wlien  authorized  by  an  agency  created  by  law''  to 
"furnish  electricity  to  others  for  light,  heat  or  power."  AVe 
believe,  as  thus  guarded,  this  exception  is  in  the  public 
interest.  A  trolley  corporation  may  use  electricity  gener- 
ated by  waterpower  to  run  its  cars.  There  does  not  a])pear 
to  be  any  good  reason  why.  in  such  case,  the  owners  should 
not  have  the  right  to  dispose  of  the  surplus  electrical  power 
generated,  if  it  is  permitted  to  do  so  by  such  a  body  as  the 
Public  Service  Commission. 

Clarifying  Chauges:  (I)  The  provision  in  the  -correspond 
ing  section  of  the  i)resent  constitution  that  a  common  car- 
rier sliall  not  "directly  or  indirectly,  yjrosecute  or  engage  in 
mining  or  numufacturing  articles  for  transportation  over  its 
works"  is  ambiguous.  No  common  carrier  engages  in  manu- 
facturing articles  for  the  purpose  of  transporting  them. 
The  purpose  of  the  manufacture  is  sale.  The  transportation 
may  or  may  not  be  a  necessary  incident  of  the  sale.  In 
view  of  the  well-known  evils  resulting  from  a  common  car- 
rier engaging  in  mining  or  nuuiufacturing  in  competition 
with  other  mining  or  nmnufacturing  corporations  situated 
along  its  lines,  it  is  reasonably  certain  that  the  intent  of 
those  who  drafted  this  secticjn  in  the  present  constitution 
was,  as  expressed  in  the  section  herein  suggested,  to  prevent 
a  corporation  being  a  common  carrier  transporting  over  its 
lines  property  mined  or  manufactured  by  it  for  tiie  purpose 
of  sale. 

(2)  Under  the  wording  of  tlie  jiresent  constitution,  it  is 
uncertain  whether  it  is  constitutional  for  a  corporation,  being 
a  common  carrier,  to  transjjort  over  its  facilities  an  article 
such  as  coal  mined  by  it  for  the  pur])ose  of  its  own  con- 
sumption. In  the  draft  herein  suggested,  if  a  common  car- 
rier may  mine  coal  for  its  own  use,  it  may  convey  it. 

(0)  The  section  herein  suggested  is  so  worded  as  to  re- 
move any  possibility  of  a  contention  that  a  mining  or  nmnu- 
facturing   corpoi-ation    becomes   a    conunon    carrier  for  the 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  313 

Art.  X,  Sec.  9 

purpose  of  tlie  soction  by  reason  alone  of  its  caviyiiig  its 
products  on  its  railroad  or  canal  less  than  fifty  miles  in 
length.  This  was  pi-obably  the  intent  of  tlie  drafters  of  the 
corresjionding  section  in  the  ])resent  constitution.  The  ])ro- 
vision,  in  Article  X\'l  I,  section  5,  that  "any  mining  or  manu- 
facturing corporation  may  carry  the  products  of  its  mines 
and  manufactures  on  its  railroad  or  canal  not  exceeding 
fifty  miles  in  length"  was  evidently  inserted  in  the  present 
constitution  as  a  matter  of  extra  precaution.  The  rest  of  the 
section  does  not  prevent  such  n:ining  or  manufacturing  corpo- 
ration carrying  its  own  j)ro<lucts  on  its  own  railroad  or 
canal  unless  the  mining  and  manufacturing  corporation,  by 
operating  a  railroad  or  canal  less  than  fifty  miles  in  length 
for  the  purpose  of  carrying  its  own  products,  becomes  thereby 
a  common  carrier.  If  it  dcies  become  a  common  carrier, 
then  tlie  carrying  of  its  own  products  and  the  engaging  in 
mining  is  directly  contrary  to  all  the  prohibitions  of  the 
section.  There  is.  however,  nothing  in  the  present  constitu- 
tion which  makes  a' manufacturing  company  constructing  its 
own  railroad  or  canal  to  carry  its  own  products  a  common 
carrier.  Section  1  of  Article  XYII,  of  the  present  constitu- 
tion, declares  that  "All  rairoads  and  canals  shall  be  public 
highways,"  but  it  does  not  say  that  all  corporations  owning 
a  track  and  running  cars  over  the  track  shall  be  common 
carriers;  it  provides  merely  that  "all  railroad  and  canal 
companies  shall  be  common  carriers." 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Passes  Prohibited. 


1  Section  9.     A  corporation  being  a  common  carrier  shall  not 

2  grant  free  passes  or  reduced  rates  to  any  person  except  to  its 
8     own  officers  or  employes. 

Note. 
Source:     Article  XVII,  section  S: 

"Xo  railroad,  railway  or  other  transportation  company 
shall  grant  free  passes,  or  passes  at  a  discount,  to  any  per- 
son except  officers  or  employes  of  the  company." 

Changes  in  Substance:     Xone. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


314  REPORT  OF  THE  CO:\IMISSION  ON 

Art.  X,  Sees.  10,  11;  Art.  XI 

Water  Rights. 

1  Section  10.     A  right  in  waters  shall  not  be  granted  by  the 

■    2  state  government  or  by  a  municipality  for  more  than  fifty  years 

3  or  without  reasonable  compensation.     At  the  expiration  of  the 

4  first  or  of  any  subsequent  grant,  the  state  government  or  the 

5  municipality  shall  make  a  new  grant  to  the  holder  of  the  right, 

6  or  pay,  or  cause  to  be  paid,  compensation  for  all  property  neces- 

7  sary  to  the  exercise  of  the  right  and  upon  such  payment  title  to 

8  said  property  shall  vest  in  the  state  government  or  municipality 

9  or  corporation  making  the  payment. 

Note. 
Source :  This  is  entirely  new  matter.  It  recognizes  the  principle 
that  the  people  of  tlie  commonwealth  should  not  jjart  per- 
manently with  any  right  they  now  have  in  the  waters  of  the 
state,  and  where  such  right  is  temporarily  vested  in  indi- 
viduals, associations  or  corporations,  reasonable  compensa- 
tion shall  be  made.  The  concluding  part  of  section  assures 
the  necessary  protection  to  investors  in  the  property  neces- 
sary to  utilize  the  exercise  of  the  grant. 


Enforcement  of  this  Article. 

1  Section  11.     Laws  shall  be  enacted  to  enforce  the  provisions 

2  of  this  article. 

Note. 
Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


ARTICLE  XL 


EDUCATION. 


Preliminary  Note. 

Source:    Article  X. 

The  principle  that  the  constitution  of  tlie  commonwealth 
should  impose  on  the  general  assembly  tlie  obligation  to 
provide  education  has  been  recognized  in  each  of  our  con- 
stitutions. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  315 

Art.  XI,  Sec.  1 

The  44th  section  of  the  constitution  of  1776  provided: 

''Section  the  Forty-fourth.  A  school  or  schools  shall  be 
established  in  each  county  by  the  legislature,  for  the  con- 
veuieut  instruction  of  youth,  with  such  salaries  to  the  mas- 
ters paid  by  the  public,  as  may  enable  them  to  instruct 
youth  at  low  prices:  And  all  useful  learning  shall  be  duly 
encouraged  and  promoted  in  one  or  more  universities." 

Article  Vll  of  the  constitutions  of  1790  and  1838  provided: 

'^Section  1.  The  legislature  shall,  as  soon  as  conveniently 
may  be,  provide,  by  law,  for  the  establishment  of  schools 
throughout  the  state,  in  such  manner  that  the  poor  may  be 
taught  gratis." 

''Section  2.  TTie  arts  and  sciences  shall  be  promoted  in 
one  or  more  seminaries  of  learning." 

Article  IV,  section  1,  of  the  present  constitution  provides 
for  a  superintendent  of  public  instruction,  and  Article  X, 
"for  the  maintenance  and  support  of  a  thorough  and  elflcient 
system  of  public  schools,  wherein  all  the  children  of  this 
commonwealth  above  the  age  of  six  years  maj'  be  educated, 
and  shall  appropriate  at  least  one  million  dollars  each  year 
for  that  purpose." 

The  present  Superintendent  of  Public  Instruction,  Dr. 
Thomas  E.  Finegan,  and  others  who  have  made  a  life-long 
study  of  educational  systems,  brought  before  us  conclusive 
proof  that  Pennsylvania  is  behind  many  other  northern 
states  in  educational  work.  We  are  impressed  with  the  fact 
that  the  welfare  of  the  commonwealth  imperatively  demands 
an  immediate  improvement  in  our  educational  system. 

Your  Commission  therefore  believe  that  the  constitution 
should  not  only  emphasize  the  obligation  to  create  and  sup- 
port an  efficient  educational  system,  but  should  set  forth 
that  SA'stem  in  sufficient  detail  to  give  a  clear  picture  of  its 
general  nature  and  extent. 


Educational  System  of  the  Commonwealth. 

1  Section  1.     Laws  shall  be  enacted  providing  for  the  operation 

2  and  maintenance  of  a  public  educational  system  for  the  common- 

3  wealth.    Tliis  shall  include  public  schools  for  the  free  elementary, 

4  secondary  and  vocational  education  of  all  cliildren  of  the  com- 

5  monwealth,  for  the  free  mental  and  vocational  education  of  per- 

6  sons  under  mental  or  physical  disability,  for  the  free  education  in 

7  American  citizenship  of  adults,  and  for  the  training  of  teachers, 

8  a  system  of  public  libraries,  one  or  more  public  universities,  and 

9  such  other  public  educational  institutions  and  agencies  as  may 

10  be  wise  and  necessary  for  the  improvement  of  the  citizenship 

11  of  the  commonwealth. 


316  REPORT  OF  TUK  COMMISSION  OX 

Art.  XI,  Sees.  2,  3 

Note. 
Source:     Article  X,  section  1: 

"The  general  assembh'  sliall  provide  for  the  maintenance 
and  support  of  a  thorough  and  efficient  SA'stem  of  public 
schools,  wherein  all  the  children  of  this  coinmonwealtli  above 
the  age  of  six  years  may  be  educated,  and  shall  appropriate 
at  least  one  million  dollars  each  year  for  that  purpose." 

Changes  in  Substance:  (1)  Elimination  of  the  reference  to 
"six  years"  as  being  the  age  at  which  the  commonwealth  be- 
comes responsible  for  the  child's  education.  Full  responsi- 
bility for  a  child's  education  ma}-  make  desirable  instruction 
before  the  child  reaches  six  years. 

(2)  The  imposition  of  an  obligation  to  provide: 

(a)  Free  public  elementary,  secondary  and  vocational  edu- 

cation for  all  children. 

(b)  Free  i»ublic  mental  and  vocational  training  for  ])ersons 

under  mental  or  physical  disability. 

(c)  Free  public  education  for  adults  in  American  citizen- 

ship. 
(dl     I'ublic  schools  for  the  training  of  teachers. 

(e)  Public  libraries. 

(f)  One  or  more  public  universities. 

(g)  Other  public  educational  institutions  and  agencies  thai 

may  be  wise  and  necessary  for  the  im])rovement  of 
the  citizenship  of  the  connnonwealth. 

(3)  The  omission  of  a  provision  for  the  annnal  appropri- 
ation by  the  state  government  of  a  specific  sum  of  money. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


State  Council  of  Education. 

1  Section  2.     Laws  shall  be  enacted  providing  for  a  state  council 

2  of  education  appointed  by  the  governor.    The  council  shall  have 

3  the  powers  and  duties  ])rescribed  by  law.     Its  chief  executive 

4  officer  shall  be  the  commissioner  of  education. 

Note. 
Source:     This  is  entirelv  new  matter. 


Support  of   Educational   System. 

1  Section  3.     LaAvs  sliall  be  enacted  making  adequate  provision, 

2  by  appropriation  and  through  general  or  special  forms  of  taxa- 

3  tion,  for  the  effective  and  equitable  support  of  the  public  educa- 

4  tional  system  of  the  commonwealth. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  317 

Art.  XI,  Sees.  4,  5,  6 

Note. 
Source:     This  is  eiilii-elv  new  matter. 


No  Appropriations  to  Sectarian  Institutions. 

1  Si^clioii  4.     Money  i-yscd  tor  the  support  of  the  public  (Mluca- 

2  tional  system  of  the  commonwealth  shall  not  be  appropriated  to 

3  or  used  for  the  support  of  any  sectarian  school  or  institution. 

Note. 
Source:     Article  X,  section  2: 

"No  money  raised  for  the  support  of  the  public  schools  of 
the  commonwealth  shall  be  appropriated  to  or  used  for  the 
support  of  any  sectarian  school." 

Changes  in  Substance:  The  principle  set  forth  in  the  present 
constitution  as  applicable  to  money  raised  for  the  support 
of  the  public  schools  is  extended  to  cover  money  raised  for 
the  support  of  the  educational  system  of  the  commonwealth. 
That  system  is  described  in  section  1  of  this  article. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


State  School  Fund. 


1  Section    5.     The   net   receipts   from   state   forests,   unclaimed 

2  fun<ls  derived  by  the  commonwealth  either  by  escheat  or  otlier- 

3  wise,  and  money  or  property  designated  for  the  purpose  and 

4  derived  from  any  source  shall  constitute  the  state  school  fund 

5  to  be  used  only  for  the  benefit  of  the  public  educational  system 

6  of  the  commonwealth  in  such  manner  as  may  be  prescribed  by 

7  law. 

Note. 
Source:     This  is  entirely  new  matter. 


Basic  Instruction  to  be  in  English. 

1  Section  (I.     The  basic  instruction  in  public  and  private  schools 

2  shall  be  given  in  the  English  language  and  from  English  texts. 

Note. 
Source:     This  is  entirely  new  matter. 

The  Commission  believe  tliat  while  the  teacliing  of  the 
classics  and  of  foreign  languages  should  be  encouraged 
rather  than  discouraged,  it  is  a  matter  of  vital  importance 


318  REPORT  OF  THE  COMMISSION  ON 

Art.  XII,  Sec.  1 

to  prevent  the  establishment  and  maintenance  of  schools 
the  real  object  of  which  is  to  discourage  the  knowledge  and 
use  of  the  English  language  by  the  children  of  parents  who 
have  come  to  America  to  obtain  a  livelihood  and  to  secure  a 
freedom  denied  them  in  the  country  of  their  origin. 


ARTICLE  XII. 


SOCIAL  WELFARE  AND  PUBLIC  HEALTH. 


Preliminary  Note. 

The  Commission  believe  that  a  constitution  should  be  more  than 
ci  frame  of  government  and  a  grant  of  powers  with  a  collection  of 
prohibitions  on  enumerated  specific  exercises  of  power.  We  believe 
that,  on  the  one  hand,  it  should  contain  a  statement  of  the  funda- 
mental rights  of  the  individual,  which,  in  the  language  of  our  Bill 
of  Rights,  "•shall  forever  remain  inviolate."  and  on  the  other,  a  decla- 
ration of  the  positive  obligations  which  the  people  recognize  rests  on 
them  as  a  body  politic. 

The  framers  of  our  first  constitution,  that  of  1776,  recognized 
and  specifically  set  forth  in  the  constitution  the  fundamental  duty  of 
organized  society  to  provide  for  the  education  of  youth.  Each  suc- 
ceeding constitution  has  set  forth  this  obligation.  It  is  no  new  de- 
parture, therefore,  to  state  in  the  constitution  an  obligation  which  the 
social  consciousness  of  the  people  recognizes  as  resting  on  them  and 
which,  therefore,  their  government  should,  as  their  agent,  have  the 
duty  to  perform.  The  Commission  believe  that  the  growing  realiza- 
tion of  the  duty  of  the  commonAvealth  to  care  for  those  residents  who 
cannot  care  for  themselves  on  account  of  physical  or  mental  infirmity 
or  other  misfortune,  and  its  duty  to  employ  at  useful  labor  and  in- 
struct those  convicted  of  crime,  not  only  justifies  but  requires  expres- 
sion in  our  fundamental  law. 


Charitable  Institutions  and  Agencies. 

1  Section  1.     Laws  shall  be  enacted  providing  for  the  mainten- 

2  ance  of  an  efficient  system  of  institutions  and  agencies  to  care 

3  for  residents  of  the  commonwealth  who   cannot  care  for  and 

4  support  themselves  on  account  of  physical  or  mental  infirmities 

5  or  other  misfortune  and  to  prevent  such  infirmities  and  mis- 

6  fortunes  so  far  as  possible. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  319 

Art.  XII,  Sees.  2,  3,  4 

-  Note. 
Source:  This  is  entirely  new  matter.  As  explained  in  the  pre- 
liminary note  to  this  article,  it  states  a  principle  which 
should,  in  the  opinion  of  the  Commission,  find  expression 
in  the  constitution  of  the  commonwealth.  The  details  of  the 
system  are  necessarily  left  to  be  prescribed  by  law.  It  will 
be  noted  that  the  institutions  and  agencies  mentioned  may 
be  either  public  or  private. 


Penal  and  Correctional  Institutions. 

1  Section  2.     Laws  shall  be  enacted  providing  for  the  mainten- 

2  ance  of  an  efiScient  system  of  penal  and  correctional  institutions 

3  and  agencies. 

Note- 
Source:     This  is  entirely  new  matter.     Like  the  jjreceding  sec- 
tion, it  expresses  an  important  principle,  leaving  the  details 
to  be  prescribed  by  law. 


Employment  and  Treatment  of  Prisoners. 

1  Section  3.     Humanity,  sound  public  economy  and  just  con- 

2  sideration  for  the  innocent  dependents  of  persons  deprived  of 

3  their  liberty,  by  judgment,  decree  or  sentence  of  am^  court,  re- 

4  quire  that  all  such  i^ersons  should,  during  their  imprisonment, 
o  be  afforded  an  opportunity  for  remunerative  labor,  and  the  condi- 
ti  tions  of  imprisonment  shall  always  be  such  as  to  promote  the 
7  physical,  mental  and  moral  welfare  of  the  prisoners. 

Note. 

Source:  This  is  entirely  new  matter.  It  asserts  a  principle 
which  the  Commission  believe  to  be  not  only  ethically  sound 
but  of  great  practical  importance. 


Supervision  of  Charitable,  Correctional  and  Penal  Institutions  and 

Agencies. 

1  Section  4.     Charitable,  correctional  and  penal  institutions  and 

2  agencies  and  other  institutions  and  agencies  for  the  care,  relief 

3  or  treatmeirt  of  persons  having  physical  or  mental  infirmities, 

4  shall  be  subject  to  governmental  inspection  and  supervision  con- 
.5  trol.     The  power  to  enforce  the  law  with  respect  to  sucli  institu- 

6  tions  shall  be  vested  in  one  or  more  departments  of  the  state 

7  government  or  in  such  agencies  as  may  be  prescribed  by  law. 


:V20  REPORT  OF  THE  COMMISSION  ON 

Art.  XII,  Sec.  5;  Art.  XIII 

Note. 
Somre:  This  is  entirely  new  matter,  imposing  iipoii  tlie  law- 
making authority  the  duty  of  vesting  in  one  of  tlie  depart- 
ments of  the  state  government  the  power  to  insi)ect  and 
control  the  institutions  named.  In  the  judgment  of  the 
Commission  this  is  necessaiT  if  the  i)rincii»les  (-(mtained  in 
the  two  preceding  sections  are  to  be  followed  not  simply  in 
theory  but  in  practice. 


Health. 


Heetion  5.  The  protection  and  promotion  of  the  public  health 
under  modern  social,  economic  and  industrial  conditions,  is 
essential  to  the  well-being  of  the  commonwealth  and  is  hereby 
declared  to  be  a  primary  duty  of  government. 

Note. 
Source:     This  is  entirely  new  matter.     In  the  o}»inion  of  the 
Commission   it   expresses   a    principle   of   fundamental    im- 
l-'ortance  to  the  welfare  of  the  public. 


ARTICLE  XIII. 


MUNICIPALITIES. 


Preliminary  Note. 

Source:  Tender  this  section  Ave  have  gathered  all  provisions  to 
local  government.  In  the  present  constitution  these  pro- 
visions are  found  in 

Article  IX — Taxation  and  Finance. 

Article  XIII — New  Counties. 

Article  XI V^ — County  Officers. 

Article  XV — Cities   and    City   Charters. 

Tlie  growth  of  large  cities  and  the  increasing  necessity 
of  ]»ublic  works  which  must  be  built  by  local  governments, 
es])ecially  cities,  make  necessary  the  complete  revision  of 
existing  constitutional  provisions. 

Your  Commission  have  devoted  much  time  and  thought 
to  the  subjects  included  in  this  article  and  there  is  no  i)art 
of  the  revised  constitution  here  proposed  in  which  will  be 
found  a  larger  proportion  of  sections  wliich  contain  entirely 
new  matter. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  321 

Art.  XIII,  Sec.   1 
Arrangement : 

Creation. 

Definition — section  1. 
Classification — section  2. 
Proportional  representation — section  3. 
New  counties — section  4. 
City  charters — section  5. 

Cities  and  boroughs,  creation  and  change  of  boundaries 
— section  6. 

Organization. 

Appointive  municipal  officers — section  7. 

Accountability^  of  municipal  officers — section  8. 

County  officers — section  9. 

Election  of  certain  county  officers — section  10. 

County  commissioners  and  county  auditors — section  11. 

Philadelphia  prothonotary — section  12. 

Eesidence  of  county  officers — section  13. 

Certain  county  officers  to  have  offices  in  county  seat — 
section  14. 

Compensation  of  county  officers — section  15. 

Salaries  and  expenses  of  county  officers  in  a  county  co- 
extensive with  a  city — section  16. 

Financial  Provisions. 

Municipal  borrowing  capacity — section  17. 
Duration  and  payment  of  debts — section  18. 
Debts  other  than  for  money  borrowed — section  19. 
Municipalities  not  to  pledge  credit — section  20. 

Improvements. 

Special  commissions  prohibited — section  21. 

Assessment  of  benefits  for  public  improvements — sec- 
tion 22. 

Extent  of  land  permitted  to  be  taken  for  public  improve- 
ments— section  23. 

Zoning  of  municipalities — section  24. 

Contracts  between  municipalities — section  25. 

Miscellaneous  Provisions. 

Street  passenger  railways  in  cities  or  boroughs — sec- 
tion 26. 

One  place  of  paving  taxes  in  cities  and  boroughs — sec- 
tion 27. 


Definition. 


1  Section  1.     Municipalities  shall  be  counties,  cities,  boroughs, 

2  townships,  school  districts,  poor  districts  and  other  divisions  of 

3  the  commonwealth  for  the  purpose  of  local  government. 

21 


322  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sec.  2 

Note. 

Source:  This  is  eutirely  new  matter.  The  word  "miiiiicipality" 
occurs  so  frequently  in  the  proposed  constitution,  and  es- 
pecially in  this  article,  that  a  definition  is  plainly  impera- 
tive. We  have  enumerated  the  present  forms  of  munici- 
pality and  have  allowed  for  the  creation  of  other  forms  in 
the  concluding  words  of  the  proposed  section. 


Classification. 


1  Section  2.     Municipalities  may  be  classified  upon  the  basis  of 

2  conditions   requiring   special   regulation.     The   classification   of 

8  municipalities  according  to  population  shall  not  divide  cities, 

4  counties  or  school  districts  into  more  than  seven  classes  or  other 

5  municipalities  into  more  tlian  five  classes.  A  class  must  contain 
0  more  municipalities  than  one  except  where  the  basis  of  classi- 
7  fication  is  population  or  the  coincidence  of  the  boundaries  of  two 
S  or  more  municipalities. 

9  A  law  otherwise  general  shall  not  be  local  because  applicable 
10  only  to  municipalities  adopting  it. 

Note. 

Source:  This  is  entirely  new  matter.  The  present  constitution, 
in  Article  III,  section  7,  and  the  proposed  constitution,  in 
Article  III,  section  20,  forbid  special  legislation  regulating 
the  affairs  of  a  municipality.  The  supreme  court  has  held 
that  a  law  applicable  to  an  entire  class  of  municipalities  is 
not  special  if  there  is  a  proper  relation  between  the  purpose 
of  the  law  and  the  basis  of  classification.  (Wheeler  v.  Phila- 
delphia, 77  Pa.  338). 

There  is,  however,  grave  doubt  as  to  the  extent  to  which 
such  classification  is  permissible,  especiallj^  classification 
based  upon  population,  which  is  by  far  the  commonest  form. 
The  effect  of  the  decisions  of  the  supreme  court  has  been  to 
restrict  the  division  of  cities  to  three  classes.  A  greater 
number  of  classes  has  been  permitted  for  other  municipali- 
ties, but  the  precise  number  permissible  for  a  given  purpose 
is  always  doubtful  until  the  question  has  been  judicially 
determined. 

The  Commission,  therefore,  recommend  this  section,  which 
states  in  terms  the  number  of  classes  according  to  popula- 
tion which  may  be  created.  The  number  for  cities  is  recom- 
mende<l  to  be  considerably  increased. 

The  words,  *'and  the  coincidence  of  the  boundaries  of  two 
or  more  municipalities  shall  be  deemed  a  condition  requiring 
special  regulation,"  have  been  inserted  to  place  beyond  possi- 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  323 

Art.  XIII,  Sees.  3,  4 

bility  of  question  the  right  of  the  law-making  authority  to 
treat  the  problem  of  local  goverument  arising  where,  as  in 
Philadelphia,  the  boundaries  of  the  county  and  the  city 
coincide,  as  a  problem  of  county  government  requiring,  for 
its  adequate  treatment,  a  governmental  organization  adapted 
to  that  condition. 

The  third  paragraph  is  recommended  to  be  inserted  out  of 
caution.  The  Commission  believe  that  it  should  be  possible 
to  enact  a  law  regulating  the  affairs  of  such  municipalities 
as  might  adopt  it  by  ordinance  or  by  popular  vote,  and  that 
such  a  law  sliould  not  be  open  to  the  objection  that  it  is 
special  because  of  its  tendency  to  destroy  uniformity  or  to 
the  objection  that  it  delegates  legislative  power;  but  unless 
the  suggested  sentence  is  incorporated  in  the  constitution,  it 
is  doubtful  whether  such  a  law  would  be  sustained  by  the 
supreme  court. 


Proportional  Representation. 

1  Section  3.     Proportional  representation  may  be  prescribed  by 

2  laAv  for  the  election  of  representative  bodies  in  municipalities  in 

3  which  that  method  of  election  shall  be  approved  by  a  majority  of 

4  the  electors  voting  on  the  question. 

Note. 
Source:     This  is  entirely  new  matter.     The  Commission  believe 
that  such  laws  would  be  valid  under  the  present  constitu- 
tion, but  they  recommend  that  any  dispute  on  the  question 
should  be  prevented  by  tlie  provisions  proposed. 


New  Counties. 


1  Section  4.     A  new  county  shall  not  be  established  if  it  would 

2  have  less  than  three  hundred  square  miles  and  fifty  thousand 
o  inhabitants  or  if  a  line  thereof  would  pass  within  ten  miles  of 

4  the  boundary  of  the  county  seat  of  a  county  proposed  to  be 

5  divided  or  if  its  establisliment  would  reduce  another  county  be- 

6  low  such  area  or  population.     A  new  county  shall  not  be  estab- 

7  lished  without  the  consent  of  a  majority  of  the  electors  resident 

8  within  the  proposed  boundaries  thereof  voting  on  the  question. 

Note. 
Source:     Article  XIll,  section  1: 

"No  new  county  shall  be  establis|jed  which  shall  reduce 
any  count}'  to  less  than  four  liundred  square  miles,  or  to  less 
than  twenty  thousand  inhabitants;  nor  shall  any  county  be 


324  REPORT  OP  THE  COMMISSION  ON 

Art.  XIII,  Sec.  5 

formed  of  less  area,  or  containing  a  less  population ;  nor 
shall  any  line  thereof  pass  within  ten  miles  of  the  county 
seat  of  any  county  proposed  to  be  divided." 

Changes  in  Substance:  (1)  Because  of  the  increase  in  the  state's 
population  since  1874,  the  Commission  recommend  that  four 
hundred  square  miles  and  twenty  thousand  inliabitants, 
which  are  the  provisions  of  the  present  constitution,  be 
changed  to  three  hundred  square  miles  and  fifty  thousand 
inhabitants. 

(2)  The  last  sentence  contains  new  matter.  The  purpose 
of  the  provision  is  to  prevent  the  formation  of  a  new  county 
by  act  of  assembly  without  the  consent  of  those  most  affected. 

Clarifying  Changes:  The  present  constitution  forbids  the  line 
of  a  new  county  to  pass  "within  ten  miles  of  the  county 
seat  of  any  county  proposed  to  be  divided."  The  Commis- 
sion have  adopted  the  construction  put  upon  this  clause 
by  the  attorney-general  in  1805  (County  Seat,  4  D.  R.  319), 
by  using  the  words  '^boundary  of  the  county  seat." 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


City  Charters. 

1  Section  5.     Laws  may  be  enacted  giving  to  cities  or  to  cities 

2  of   a  particular  class,   authority  to  frame,   adopt  and   amend 

3  charters  for  their  organization  and  government. 

Note. 
Source:     This  is  entirely  new  matter. 

The  Commission  do  not  recommend  a  constitutional  pro- 
vision giving  this  power  outright  to  cities  because  it  is  im- 
possible to  frame  such  a  provision  so  as  to  avoid  doubt 
of  its  meaning.  The  organization  and  government  of  a  city 
must,  of  course,  conform  to  the  laws  of  the  commonwealth 
and  any  attempt  to  define  in  the  constitution  exactly  where 
the  powers  of  the  commonwealth  shall  end  and  those  of  the 
city  shall  begin  will  give  rise  to  endless  litigation.  The 
determination  of  the  cities'  powers  of  home  rule  must  be 
a  carefully  drawn  statute,  in  which  there  will  be  a  place 
for  details  not  suitable  for  a  constitution. 

The  section  is  inserted  to  overcome  the  present  constitu- 
tional objection  to  such  legislation,  which  is  that  it  would 
be  a  delegation  of  legislative  power  and  therefore  unconsti- 
tutional.   • 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  325 

Art.  XIII,  Sees.  6,  7 

Creation  and  Change  of  Boundaries  of  Cities  and  Boroughs. 

1  Section  6.     A  citj'  or  borough  shall  not  he  established  or  its 

2  boundaries  changed  except  with  the  consent  of  a  majority  of  tlie 

3  electors  resident  within  the  proposed  boundaries  voting  on  the 

4  Cj[uestiou  and  of  a  majority  of  the  electors  in  the  proposed  added 

5  or  excluded  area  voting  on  the  question. 

Note.    . 

Source :  This  is  entirely  new  matter  recommended  to  be  adopted 
to  prevent  the  establishment  of  a  city  or  borough,  or  the 
change  of  a  city's  or  borough's  boundaries,  without  the  con- 
sent of  those  most  affected. 

There  is  a  partial  recognition  in  the  present  constitution 
of  the  principle  that  the  electors  affected  should  have  a  voice 
in  deciding  whether  their  local  government  should  be  changed 
to  that  of  a  city  or  borough.  Article  XV,  section  1,  pro- 
vides: ^'Cities  may  be  chartered  whenever  a  majority  of  the 
electors  of  any  town  or  borough  having  a  population  of  at 
least  ten  thousand  shall  vote  at  any  general  election  in  favor 
of  the  same." 

We  recommend  the  omission  of  Article  XV,  section  1,  of 
the  present  constitution,  because  its  provisions  have  been 
covered  by  the  much  broader  recognition  of  the  principle  of 
"home  rule"  embodied  in  the  section  here  proposed. 


Appointive  Municipal  Officers. 

1  Section   7.     Appointive  officers  in   counties,   cities,   boroughs 

2  and  townships  shall  be  appointed  by  an  officer  or  agency  of  the 
8  municipality  as  prescribed  by  law,  except  as  in  this  constitution 
4     otherwise  provided. 

Note. 
Source:     This  is  entirely  new  matter. 

The  adoption  of  this  section  will  prevent  the  enactment 
of  a  law  vesting  in  the  governor  or  other  officer  of  the  state 
government  the  power  to  appoint  municipal  officers.  So- 
called  ''ripper"  legislation,  destroying  the  existing  govern- 
ment of  a  count}^,  city,  borough  or  township,  and  vesting 
its  power  in  a  commission  appointed  by  the  governor,  will 
be  impossible. 

The  words  "except  as  in  this  constitution  expressly  pro- 
vided" are  necessary  because  of  the  provisions  of  Article  V, 
section  19,  as  proposed,  which  permits  the  judges  to  appoint 
park  commissioners  and  certain  other  officers,  who  are  ap- 
pointive officers  of  the  municipality. 


326  REPORT  OF  THE  COMMISSION  ON 

Art.   XIII,  Sees.  8,  9 

Accountability  of  Municipal  Officers. 

1  Section  8.     Laws  shall  be  enacted  providing  for  the  strict  ac- 

2  coiintability  of  municii»al  officers,  as  well  for  the  fees  which 
o  may  be  collected  by  tliem  as  for  all  public  or  municipal  moneys 
•4     which  may  be  paid  to  them. 

Note. 
Source:     Article  XIV,  section  6: 

''Tlie  general  assend>ly  shall  provide  by  law  for  the  strict 
accountability  of  all  county,  township  and  borough  officers, 
as  well  for  the  fees  which  may  be  collected  by  thein.  as  for 
all  public  or  municipal  moneys  which  may  be  paid  to  them." 

Changes  in  Substance:  The  provision  is  applied  to  the  officers 
of  all  muuicijialities  and  not  only  to  those  of  counties, 
townships  and  boroughs,  as  in  the  present  constitution. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


County  Officers. 


1  Section  9.  The  ollioers  of  a  county  shall  be  three  commissioners, 

2  three  auditors  or  a  controller,  a  sherilt',  a  coroner,  a  prothono- 

3  tary,  a  register  of  wills,  a  recorder  of  deeds,  a  treasurer,  a  sur- 

4  veyor,   a  clerk  of  the  orphans'  court,  a  clerk  of  the  court  of 

5  quarter  sessions  of  the  peace  and  of  the  court  of  oyer  and  termi- 
(j  ner  and   general  jail  delivery,   a   district   attorney,   and   other 

7  officers  prescribe<l  by  law. 

8  In  a  county  co-extensive  Avith  a  city  or  included  therein,  any 

9  constitutional  county  office  inaj  be  abolished  by  law  and  its 
1 0  duties  and  powers  may  be  transferred  to  a  city  officer  or  officers. 

Note. 
Source:     Part  of  Article  XIV,  section  1: 

''County  officers  shall  consist  of  sheriffs,  coroners,  prothono- 
taries,  registers  of  wills,  recorders  of  deers.  commissioners, 
treasurers,  surveyors,  auditors,  or  controllers,  clerks  of  the 
courts,  district  attorneys,  and  such  others  as  may  from  time 
to  time  be  established  by  law;     *     *     *." 

Changes  in  Substance:  The  last  paragraph  is  new.  •  In  Phila- 
delphia, or  in  au3'  other  county  which  may  become  co-exten- 
sive with  a  city  or  included  therein,  the  amalgamation  of 
certain  city  and  county  offices  may  be  expedient  and  should 
be  permitted  by  the  constitution. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  327 

Art.  XIII,  Sec.  10 

Clarifying  Changes:  (1)  Article  XIV,  section  1,  of  the  present 
constitution,  uses  throughout,  the  plural.  It  states  that 
"'county  officers  shall  consist  of  sheriffs,  coroners,  registers 
of  wills,"  etc.  Standing  by  itself,  this  language  would  per- 
mit provision  to  be  matle  by  laAV  for  more  than  one  sheritf, 
one  coroner  and  one  register  of  wills.  It  is  probable,  how- 
ever, that  this  result  was  not  contemplated  by  the  drafts- 
man and  would  not  be  permitted  b}^  the  courts.  It  is 
apparentl}-  certain  that  there  can  be  only  one  register  of 
wills,  because  Article  V,  section  22,  of  the  present  consti- 
tution, provides  that  in  counties  having  separate  orphans' 
courts  "the  register  of  Avills  shall  be  clerk  of  such  court." 
(2)  In  Article  XIV,  section  1,  of  the  present  constitu- 
tion, the  term  "clerks  of  courts,"  which  is  there  used  instead 
of  the  clerks  of  the  two  courts  designated  in  the  proposed 
section  creates  a  doubt  on  more  than  one  matter  of  im- 
portance. Are  the  clerks  of  the  courts  referred  to  the  clerks 
of  all  county  courts  existing  in  1874;  or  are  they  the  clerks 
of  all  county  courts  which  are  or  may  hereafter  be  created 
by  law ;  or  are  they  the  clerks  of  the  county  courts  designated 
in  the  constitution?  Finally,  what  is  the  exact  definition  of 
"a  countj'  court"?  Is  it  any  court  in  the  county — as  one  of 
the  district  peace  courts  proposed  b}'  the  Commission  ?  or  is 
it  only  a  court  the  boundaries  of  the  jurisdiction  of  which  are 
co-terminous  with  the  boundaries  of  the  county;  and  if  so, 
is  the  municipal  court  in  Philadelphia  a  county  court?  All 
these  uncertainties  will  be  avoided  and  the  probable  intent 
of  the  present  constitution  may  be  carried  out  by  employing 
the  language  of  the  section  here  suggested. 

Changes  in  Style:  (1)  The  word  "three"  has  been  inserted  be- 
fore "commissioners"  and  before  ''auditors"  because  that  is 
the  number  of  each  provided  for  by  the  constitution.  (Arti- 
cle XIV,  section  7,  of  the  present  constitution ;  section  11  of 
the  article  here  proposed.) 

(2)  The  provision  that  a  sheriff  or  a  treasurer  cannot 
succeed  himself  has  been  transferred  to  section  10  of  this 
article. 


Election  of  Certain  County  Officers. 

1  Section  10.     Except  as  in  this  constitution  exprl&ssly  provided. 

2  county  officers  shall  be  chosen  by  the  electors  of  the  county. 

3  Each  shall  hold  office  for  four  years  from  the  first  Monday  of 

4  January    succeeding   his   election    or   until    his   successor    shall 

5  qualify.  Vacancies  shall  be  filled  as  prescribed  by  law.  The 
r>  sheriff'  and  the  treasurer  shall  not  be  eligible  for  the  succeeding 
7  term. 


328  REPORT  OF  THE  COMMISSION  ON 

Art,  XIII,  Sec.  11 

Note. 
Source:   (1)  Article  XIV,  section  2: 

"County  officers  shall  be  elected  at  the  municipal  elections 
and  shall  hold  their  offices  for  the  term  of  four  years,  be- 
ginning on  the  first  Monday  of  January  next  after  their 
election,  and  until  their  successors  shall  be  duly  qualitied; 
all  vacancies  not  otherwise  provided  for,  shall  be  filled  in 
such  manner  as  may  be  provided  by  law."  (Amendment  of 
November  2,  1909.)^ 

(2)  Part  of  Article  IV,  section  1 : 

a*  *  *  no  sheriff  or  treasurer  shall  be  eligible  for  the 
term  next  succeeding  the  one  for  which  he  may  be  elected." 

"  Changes  in  Substance:  None. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


County  Commissioners  and  County  Auditors. 

1  Section  11,     Three  county  commissioners  shall  be  elected  in 

2  each  county  in  the  year  1923,  one  to  serve  for  two  years  and  two 

3  to  serve  for  four  years.     Eveiy  four  years  thereafter,  two  com- 

4  missioners  shall  be  elected  to  serve  for  four  years.     In  the  year 

5  -1925  and  everj^  four  years  thereafter,  one  conmiissioner  shall  be 
G  elected  to  serve  for  four  years.    An  elector  shall  vote  for  one 

7  candidate  for  commissioner  except  in  the  year  1923,  when  he 

8  shall  vote  for-  one  candidate  to  serve  for  two  years  and  for  one 

9  candidate  to  serve  for  four  years.     A  vacancy  in  the  office  of 

10  commissioner  shall  be  filled  by  the  governor  by  the  appointment 

11  of  an  elector  of  the  county  who  has  voted  for  the  commissioner 

12  whose  place  is  to  be  filled.     In  a  county  having  auditors,  they 

13  shall  be  elected  and  vacancies  in  the  office  of  auditor  shall  be 

14  filled  as  in  the  case  of  commissioners. 

Note. 
Source:  Article  XIV,  section  7: 

"Three  countj^  commissioners  and  three  county  auditors 
shall  be  elected  in  each  county  Avhere  such  officers  are  chosen, 
in  the  year  one  thousand  nine  hundred  and  eleven  and  every 
fourth  year  thereafter;  and  in  the  election  of  said  officers 
each*qualified  elector  shall  vote  for  no  more  than  two  per- 
sons, and  the  three  persons  having  the  highest  number  of 
votes  shall  be  elected;  any  casual  vacancy  in  the  office  of 
county  commissioner  or  county  auditor  shall  be  filled,  by  the 
court  of  common  pleas  of  the  county  in  which  such  vacancy 
shall  occur,  by  the  appointment  of  an  elector  of  the  proper 
county  who  shall  have  voted  for  the  commissioner  or  auditor 
whose  place  is  to  be  filled."  (Amendment  of  November  2, 
1909.) 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  329 

Art.  XIII,  Sec.  12 

Changes  in  Substance:  (1)  Under  the  present  constitution,  three 
commissioners  are  elected  every  four  years  by  a  system  of 
minority  representation.  Each  elector  votes  for  two  can- 
didates and  the  commissioners  all  go  out  of  office  at  the 
same  time.  The  Commission  propose  to  establish  a  system 
which  preserves  the  principle  of  minority  representation 
while  providing  that  there  would  always  be  at  least  one  com- 
missioner holding  over  after  each  municipal  election. 

(2)  The  Commission  suggest  that  vacancies  should  be 
filled  by  the  governor  instead  of  by  the  court  of  common 
pleas.  This  is  in  accordance  with  the  principle  embodied 
in  Article  V,  section  19,  as  proposed.,  which  forbids  the  exer- 
cise of  such  appointive  power  by  the  courts. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Philadelphia  Prothonotary. 

1  Section  12.     The  prothonotary  of  the  county  of  Philadelphia 

2  shall  be  appointed  by  the  judges  of  the  court  of  common  pleas 

3  of  the  county.     He  shall  hold  office  for  three  years  but  may  be 

4  removed  at  the  pleasure  of  the  court.     He  shall  appoint  assist- 

5  ants  only  with  the  approval  of  the  court.     The  salaries  of  the 

6  prothonotary  and  of  his  assistants  sl^all  be  paid  by  the  CQpnty. 

Note. 
Source:    Article  V,  section  7: 

"For  Philadelphia  there  shall  be  one  prothonotary's  office, 
and  one  prothonotary  for  all  said  courts,  to  be  appointed  by 
the  judges  of  said  courts,  and  to  hold  office  for  three  years, 
subject  to  removal  by  a  majority  of  the  said  judges;  the 
said  prothonotary  shall  appoint  such  assistants  as  may  be 
necessary  and  authorized  by  said  courts ;  and  he  and  his  as- 
sistants shall  receive  fixed  salaries,  to  be  determined  by  law 
and  paid  by  said  county ;  all  fees  collected  in  said  office,  ex- 
cept such  as  may  be  by  law  due  to  the  commonwealth,  shall 
be  paid  by  the  prothonotary  into  the  county  treasury.  Each 
court  shall  have  its  separate  dockets,  except  the  judgment 
docket,  which  shall  contain  the  judgments  and  liens  of  all 
the  said  courts,  as  is  or  may  be  directed  by  law.  " 

Changes  in  Substance:  The  provision  in  the  present  constitu- 
tion relating  to  the  dockets  of  the  several  courts  of  common 
pleas  is  omitted  because  of  the  recommendation  that  there 
shall  be  a  single  court  of  common  pleas  in  Philadelphia 
county.     (See  Article  V,  section  10  as  proposed.) 

Changes  in  Style:  The  provisions  in  regard  to  salaries  and  fees 
have  been  considerably  shortened  because  of  the  proposed 
new  section,  section  15  of  this  article. 


330  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sees.  13,  14 

Residence  of  County  Officers. 

1  Section  13.     An  appointive  county  officei*  shall  liaVe  been  a 

2  citizen  and  resident  of  the  count}'  for  one  year  before  hisi  ap- 

3  pointment,  if  the  county  has  been  so  long  established   but  if  it 

4  has  not  been  so  long  established,  then  within  the  limits  of  the 

5  county  or  counties  out  of  which  it  has  been  taken. 

Note. 

Source:  Article  XIV.  section  3: 

''No  person  shall  be  appointed  to  any  office  within  any 
counts'  who  shall  not  have  been  a  citizen  and  an  inlialtitant 
therein  one  year  next  before  his  appointment,  if  the  county 
shall  have  been  so  long  erected,  but  if  it  shall  not  have  been 
so  long  erected,  then  within  the  limits  of  the  county  or 
counties  out  of  which  it  shall  have  been  taken." 

Changes  in  Substance:  None. 

Clarifying  Changes:  The  present  constitution  probably  refers 
to  county  officers  only,  although  it  is  not  so  stated.  The 
proposed  section  makes  this  i^oint  clear. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been  fol- 
lowed. 


Certain  County  Officers  to  Keep  Offices  in  County  Seat. 

1  Section  14.     The  prothonotary,  tlie  clerk  of  the  orphans'  court, 

2  the  clerk  of  the  court  of  quarter  sessions  of  the  peace  and  of 

3  the  court  of  oyer  and  terminer  and  general  jail  delivery,  the 

4  recorder  of  deeds,  the  register  of  wills,  the  surveyor,  and  the 

5  sheriff  shall  keep  their  offices  in  the  county  seat. 

Note. 
Source:  Article  XIV.  section  4: 

"Prothonotaries,  clerks  of  the  courts,  rf^corders  of  deed«, 
registers  of  wills,  county  surveyors  and  sheriifs,  shall  keep 
their  officers  in  the  county  town  of  the  county  in  which 
they  respectively  shall  be  officers." 

Changes  in  Substance:  None. 

Clarifying  Changes:  The  singular  has  been  used  instead  of  the 
plural,  and  the  clerks  of  the  courts  have  been  more  precisely 
designated.  This  conforms  to  the  language  of  section  9  of 
this  article. 

Changes  in  Style:  "County  seat"  has  been  substituted  for 
''county  town,"  to  conform  to  iiopular  usage  and  to  the 
language  of  section  4  of  this  article. 


CONSTITUTIONAL  AMP]NI>MENT  AND  REVISION.  331 

Art.  XIII,  Sees.  15,  16 

Compensation  of  County  Officers. 

1  Section  15.     County  officers  shall  be  paid  only  by  salary  for 

2  services  performed  for  the  state  government  or  for  the  county 

3  or  for  any  other  official  service.     Except  as  otherwise  provided 

4  in  this  constitution,  sucli   salaries  shall  be  prescribed   by  law. 

5  Fees  received  bj^  county  officers  shall  be  paid  into  the  treasury 

6  of  the  county  or  into  the  state  treasury  as  prescribed  l)y  law. 

Note. 
Source:  Article  XIV,  section  5: 

"The  compensation  of  county  officers  shall  be  regulated  by 
law,  and  all  county  othcers  who  are  or  nuiy  be  sahiried  shall 
pa}^  all  fees  which  they  may  be  authorized  to  receive,  into 
the  treasury  of  the  county  or  state,  as  may  be  directed  by 
law.  In  counties  containing  over  one  hundred  and  tifty 
thousand  inhabitants  all  county  officers  shall  be  i)aid  by  sal- 
ary, and  the  salary  of  any  such  officer  and  his  clerks,  here- 
tofore paid  by  fees,  shall  not  exceed  the  aggregate  amount 
of  fees  earned  during  his  term  and  collected  by  or  for  him.'- 

Changes  in  Substance:  (1)  Under  the  present  constitution,  of- 
ficers in  counties  with  a  population  of  more  than  150,000 
must  be  paid  by  salary.  The  proposed  section  extends  this 
principle  to  the  officers  of  all  counties. 

(2)  The  present  constitution  does  not  prevent  a  county 
officer  from  receiving,  in  addition  to  his  salary,  a  commis- 
sion for  services  to  the  state  government,  such  as'  the  col- 
lection of  state  taxes.  (Phila.  v.  Martin,  125  Pa.  583;  Phila. 
V.  McMichael,  208  Pa.  21)7.)  The  proposed  section  forbids 
the  payment  of  such  commissions. 

(3)  Under  the  present  constitution,  the  compensation  of 
county  officers  can  be  fixed  only  by  statute.  In  section  16 
of  this  article,  an  exception  to  this  rule  is  made  in  the  case 
of  a  county  co-extensive  with  a  city  or  included  therein.  In 
the  section  here  proposed,  we  have  covered  this  exception  in 
section  16  by  the  words:  "except  as  otherwise  provided  in 
this  constitution." 

(4)  The  hnal  jirovision  of  Article  XIV,  section  5,  of  the 
present  constitution,  with  respect  to  the  amounts  of  the 
salaries  of  tlie  officers  of  counties  with  more  than  150,000 
in  population,  is  omitted  as  obsolete. 

Changes  in  Style:  The  section  has  been  entirely  rewritten  and 
the  Commission's  rules  of  style  followed. 


Salaries  and  Expenses  of  County  Officers  in  a  County  Co-Extensive 

With  a  City. 

1  Section  16.     In  a  county  co-extensive  with  a  city  or  included 

2  therein,  the  county  treasury  and  the  city  treasury  shall  be  united 

3  in  a  single  citj'  treasury.     The  funds   and  obligations  of   the 


332  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sec.  17 

4  county  shall  be  those  of  the  city.     The  officers  of  the  state  govern- 

5  ment  or  of  the  county  whose  salaries  or  the  expenses  of  whose 

6  offices  or  courts  shall  be  paid  in  whole  or  in  pait  by  the  city, 

7  shall  at  such  times  as  may  be  required  in  the  case  of  city  offices 

8  submit  to  the  chief  executive  of  the  city  estimates  of  their  needs. 
{)  The  city  shall  control  the  amount  to  be  expended  for  such  sal- 

10  aries  and  expenses  except  salaries  prescribed  by  law  and  ex* 

11  penses  of  the  courts  of  common  pleas  and  of  the  orphans  courts. 

Note. 
Source:  This  is  entirely  new  matter. 

The  purpose  of  the  pro]30sed  section  is  to  control  what  is 
known  as  the  "mandamus  evil"  in  Philadelphia  in  so  far  as 
it  arises  from  the  salaries  and  expenses  of  count\'  officers. 
In  the  present  constitution  there  is  no  prohibition. against 
these  mandamuses.  Although  the  citj^  council  must  raise 
the  money  to  pay  the  bills,  it  has  no  control  over  the  amounts 
of  the  bills. 

The  Commission  therefore  recommend  the  adoption  of  the 
proposed  section.  With  certain  exceptions  it  places  county 
officers  on  the  same  basis  as  city  officers  in  respect  to  ap- 
propriations from  the  city  treasury.  The  state  government 
may  still  prescribe  the  salaries  of  countj"  officers  and  judges. 
The  court  of  common  pleas  and  the  orphans'  court  must 
submit  estimates  of  the  expenses  of  their  offices  and  are  not 
deprived  of  the  power  of  mandamus. 


Municipal  Borrowing  Capacity. 

1  Section  17.     A  municipality  may  incur    debt    by    borrowing 

2  money  as  prescribed  by  law  if  its  aggregate  debt  for  borrowed 

3  money  would  not  then  exceed  the  sum  of: 

4  (a)  Ten  per  centum  of  the  assessed  value  of  the  property 

5  therein  taxable  by  or  for  the  benefit  of  the  municipalit3\ 

6  (b)  An  amount  equal  to  that  capital  sum  which,  at  the  legal 

7  rate  of  interest  and  at  such  amortization  charges  as  shall  be 

8  prescribed  by  law  would  yield  an  amount  equal  to  the  net  revenue 

9  derived  by  the  municipality  during  the  last  preceding  fiscal  year 

10  from  its  public  improvements. 

11  (c)  The  amount  of  debt  secured  hj  liens  on  public  improve- 

12  ments  and  imposing  no  obligation  on  the  municipality,  if  the  net 
18  revenue  derived  from  such  improvements  has  not  been  taken  into 

14  a:ccount  under  paragraph  (b). 

15  ^   (d)   So  much  of  any  debt  incurred  within  five  years  to  acquire 
IG  public  improvements  as  shall  be  likely  to  be  allowable  under 

17  paragraph  (b)  within  six  j'ears  thereafter,  if  tlie  net  revenue  de- 

18  rived  from  such  improvements  has  not  been  taken  into  account 

19  under  paragrapli  (b),  and  if  such  debt  has  not  been  taken  into 

20  account  under  paragraph   (c). 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  333 

Art.  XIII,  Sec.  17 

21  (e)     The  par  value  of  the  evidences  of  debt  of  the  municipality 

22  owned  by  it  and  pledged  toward  the  payment  of  the  principle  of 

23  its  debt."^ 

24  (f)   The  amount  of  cash  and  the  market  value  of  investments 

25  owned  by  the  municipality  and  the  amount  of  the  collectible 

26  debts  due  or  to  fall  due  owned  by  the  municipality,  in  so  far  as 

27  such  assets  are  pledged  toward  the  payment  of  the  principal  of 

28  its  debt. 

29  (g)     Eighty  per  centum  of  the  amount  which  it  is  estimated 

30  as  pi  escribed  by  law  that  the  municipalitj^  will  receive  within 

31  five  years  from  assessments  against  property  benefited  by  pub- 

32  lie  improvements  if  such  amount  is  pledged  toward  the  payment 

33  of  the  principal  of  its  debt  and  if  it  has  not  been  taken  into  ac- 

34  count  under  paragraph  (f), 

35  An  indebtedness  incurred  by  a  municipality  in  excess  of  three 

36  per  centum  of  the  assessed  value  of  the  taxable  property  therein 

37  shall  be  approved  by  a  majority  of  the  electors  thereof  at  a  pub- 

38  lie  election  held  as  prescribed  by  law. 

39  The  term  "incur  debt,"  as  used  in  this  section,  shall  include  an 

40  incurrence  of  new  indebtedness,  an  extension  of  the  maturity  of 

41  a  debt,  a  deferment  of  the  payment  of  a  debt,  a  change  in  the 

42  form  of  a  debt,  and  an  assumption  of  a  debt. 

43  A  debt  shall  be  deemed  to  be  incurred  at  the  time  the  obli- 

44  gation  to  pay  is  entered  into  or  the  contract  to  extend,  defer, 

45  change  or  assume  an  exising  debt  is  made. 

Note. 

Source:   {!)  The  first  paragraph  of  Article  IX,  section  8: 

''The  debt  of  any  county,  city,  borough,  township,  school 
district,  or  other  municipality  or  incorporated  district,  ex- 
cept as  provided  herein,  and  in  section  fifteen  of  this  article, 
shall  never  exceed  seven  (7)  per  centum  upon  the  assessed 
value  of  the  taxable  property  therein,  but  the  debt  of  the 
city  of  Philadelphia  may  be  increased  in  such  amount  that 
the  total  cit}'  debt  of  said  city  shall  not  exceed  ten  (10) 
per  centum  upon  the  assessed  value  of  the  taxable  property 
therein,  nor  shall  any  such  municipality  or  district  incur 
any  new  debt,  or  increase  its  indebtedness  to  an  amount 
exceeding  two  (2)  per  centum  upon  such  assessed  valuation 
of  propertf ,  without  the  consent  of  the  electors  thereof  at 
a  public  election  in  such  manner  as  shall  be  provided  by  law. 
In  ascertaining  the  borrowing  capacity  of  the  said  city  of 
Philadelphia,  at  any  time,  there  shall  be  excluded  from  the 
calculation  and  deducted  from  such  debt  so  much  of  the 
debt  of  said  city  as  shall  have  been  incurred,  and  the  pro- 
ceeds thereof  invested,  in  any  public  improvement  of  any 
character  which  shall  be  yielding  to  the  said  city  an  annual 
current  net  revenue.  The  amount  of  such  deduction  shall 
be  ascertained  b}'  capitalizing  the  annual  net  revenue  from 
such  improvement  during  the  year  immediately'  preceding 
the  time  of  such  ascertainment;  and  such  capitalization 
shall   be  estimated  by   ascertaining  the  principal   amount 


334  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sec.  17 

which  would  yiehl  such  annual,  current  net  revenue,  at  the 
average  rate  ol"  interest,  and  sinking  fund  charges  iiayable 
upon  the  indehtednessJ  incurred  by  said  city  for  such  pur- 
poses, up  to  the  time  of  such  ascertainment.  The  method 
of  determining  such  amount,  so  to  be  deducted,  may  be  pre- 
scribed by  the  general  asseniblv,  *  *  *."  (Amendment 
of  November  4,  1918.) 

(2)  Article  IX,  section  15: 

"No  obligations  which  have  been  heretofore  issued  or 
which  may  hereafter  be  issued,  by  anj'  county  or  munici- 
pality, other  than  Philadelphia,  to  provide  for  the  construc- 
tion or  acquisition  of  water-works,  subways,  underground 
railways  or  street  railways,  or  the  ajipurtenances  thereof, 
shall  be  considered  as  a  debt  of  a  municipality,  within  the 
meaning  of  section  eight  of  article  nine  of  the  constitution 
of  Pennsylvania  or  of  this  amendment,  if  the  net  revenue  de- 
rived from  said  i)roperty  for  a  period  of  live  years,  either 
before  or  after  the  acquisition  thereof,  or  where  the  same  is 
constructed  by  the  county  or  municipalitj^,  after  the  com- 
pletion thereof,  shall  have  been  sutlicient  to  pay  interest  and 
sinking  fund  charges  during  said  period  u])on  said  obliga- 
tions, or  if  the  said  obligations  shall  be  secured  by  lieiis 
upon  the  respective  properties,  and  shall  impose  no  munici- 
pal liability.  *  *  *  Any  of  the  said  municipalities  or 
counties  may  incur  indebtedness  in  excess  of  seven  per 
centum,  and  not  exceeding  ten  per  centum,  of  the  assessed 
valuation  of  the  taxable  property  therein,  if  said  increase  of 
indebtedness  shall  have  been  assented  to  by  three-fiftljs 
of  the  electors  voting  at  a  public  election,  in  such  manner  as 
shall  be  provided  b}^  law."  (Amendment  of  November  4, 
1913.) 

Preliminary  Explanation:  The  limits,  if  any,  which  should  be 
placed  on  tlie  borrowing  power  of  municipalities  is  a  sub- 
ject of  great  difficulty  and  perplexity.  As  originally  pro- 
mulgated, the  constitution  limited  the  debt  of  all  municipali- 
ties to  seven  per  centum  upon  the  assessed  value  of  its  tax- 
able propert3^  Successive  amendments  have  been  passed  to 
meet,  as  they  arose,  now  a  condition  in  Philadelphia,  again 
a  condition  in  Pittsburgh  or  in  another  municipality,  until 
at  present  the  constitution  presents  twcj  sets  of  provisions ; 
one  relating  to  Philadelphia  and  the  other  to  the  rest  ol" 
the  state,  neither  of  which  can  be  said  to  represent  the  re- 
sult of  any  scientific  study  of  the  subject.  For  the  existing 
com])lieated  system,  the  result  of  the  many  amendments  of 
recent  years,  the  Commission  has  here  attemjjted  to  present 
a  single  system  applicable  to  all  municipalities  of  the  state, 
which  we  believe  will  be  found  easy  to  understand  and  apply 
and  wliich  will,  on  the  one  hand,  give  to  municipalities  suf- 
ficient borrowing  power  to  meet  the  modern  reciuirements 
for  public  works  and,  on  the  other,  protect  the  pec.ple  of  the 
commonwealth  from  the  unfortunate  results  of  reckless 
municipal  financing. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  335 

Art.  XIII,  Sec.  17 

Changes  in  Substance:  The  last  part  of  the  introdnctory  para- 
graph to  the  section  as  proposed  prescribes: 

"A  municipality  may  incur  *  *  *  jf  \{^  aggregate 
debt  for  borrowed  nuniey  would  not  then  exceed  tlie  sum 
of     *     *     *" 

In  the  present  constitution  the  method  of  setting  forth 
the  provisions  of  the  section  is  to  state  that  the  borrowing 
capacity  shall  not  exceed  ten  per  centum  of  the  assessed  value 
of  property,  and  then  to  declare  that  certain  debts,  as  debts 
incurred  for  public  works,  under  the  conditions  set  forth 
are  not  to  be  regarded  as  debts  for  the  purpose  of  tlie  calcu- 
lation. The  awkwardness  of  this  method  of  statement  has 
increased  the  confusion  and  uncertainty  Avhich  has  always 
surrounded  the  whole  question  of  the  borrowing  power  of 
munici})alities  nnder  existing  constitutional  provisions. 

The  principle  underlying  the  provisions  of  the  ]d resent  con- 
stitution and  of  the  section  herein  suggested  is  that  a 
municipality  may  jmpose,  in  fact,  on  its  taxpayers,  the  obli- 
gation to  pay  interest  and  amortization  charges  on  a  sum 
not  exceeding  ten  per  centum  of  the  assessed  value  of  the 
taxable  value  of  the  property  within  the  municipality.  The 
actual  debt  may  exceed  this  sum  by  any  amount  provided 
there  are  assured  revenues  of  the  municipality  from  whicli 
the  excess  can  be  paid.  The  form  of  statement  herein  srrg- 
gested  corresponds  to  the  facts.  It  is  declared  that  a 
municipality  may  incur  debt  if  its  aggregate  debt  worrld 
not  then  exceed  the  sum  of  the  several  clauses  set  forth,  of 
which  ten  per  ceirtum  of  the  assessed  valrre  of  real  property 
in  the  municipality  is  one. 

Clause  (a)  as  proposed  provides: 

"Ten  per  cerrtum  of  the  assessed  value  of  the  property 
therein  taxable  by  or  for  the  benefit  of  the  rrrunicipality." 

At  present  the  limit  on  the  amount  of  indebtedness  that 
may  be  incurred  by  a  municipality  is  ten  per  cerrtum  upon 
the  assessed  value  of  the  taxable  pr-operty  thereirj.  In 
municipalities  other  than  Philadelphlia,  any  increase  above 
seven  per  centum  of  the  assessed  value  of  the  taxable  prop- 
erty mu.st  be  assented  to  by  three-fifths  of  the  electors  voting 
on  the  question.  Under  clarrse  (a)  as  proposed,  tlie  assent 
of  a  majority  of  the  electors  voting  on  the  question  is  all 
that  is  required. 

The  words  "or-  for  the  benefit  of"  are  inserted  in  clause 
(a)  so  as  to  take  care  of  any  rrrunicipality  for  which  the 
state  government,  or  some  other  authority  except  the  munici- 
pality itself,  actually  levied  the  tax.  The  four  mill  tax  in 
Pennsylvania  on  certain  "money  at  interest"  and  "vehicles 
to  hire,"  was  levied  by  the  legislature,  and  not  by  any  of 
the  municipalities  benefiting  therefrom.  As  it  is  quite  pos- 
sible that  at  some  future  time  taxes  for  municipal  ]Hrr*poses, 
on  all  or  a  portion  of  tlie  property  included  in  the  basis  for 
determining  municipal  debt  linrits,  might  be  levied  by  some 
authority  other  than  the  municipalities  themselves,  it  is  de- 


336  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sec.  17 

sirable  that  the  constitution  clearly  indicate  that  the  prop- 
ert}',  on  which  taxes  are  so  levied  is  to  be  used  as  a  basis  for 
calculating  the  debt  limits  of  the  municipalities. 

Clause  (b)  as  proposed  provides: 

"An  amount  equal  to  that  capital  sum  which,  at  the  legal 
rate  of  interest  and  at  such  amortization  charges  as  shall 
be  prescribed  by  law  would  yield  an  amount  equal  to  the 
net  revenue  derived  by  the  municipality  during  the  last  pre- 
ceding fiscal  year  from  its  public  improvements." 

Under  the  present  constitution  in  ascertaining  the  amount 
of  existing  indebtedness  for  the  purpose  of  calculating  the 
borrowing  power  at  any  time,  it  is  permissible  to  disregard 
under  certain  conditions  any  indebtedness)  incurred  in  the 
past  for  public  improvements  which  are  yielding  an  annual 
current  net  revenue.  The  conditions  under  which  such  in- 
debtedness can  be  disregarded  in  the  calculation  are  not  the 
same  for  the  city  of  Philadelphia  as  for  other  municipalities. 

In  municipalities  other  than  Ptiiladeiphia.  in  order  to  dis- 
regard a  prior  indebtedness  in  calculating  the  "existing 
indebtedness,"  the  prior  indebtedness  must  have  been  in- 
curred "for  the  construction  or  acquisition  of  waterworks, 
subways,  underground  railways  or  street  railways,  or  the 
appurtenances  thereof" ;  while  in  Philadelphia  the  prior  in- 
debtedness ma}^  have  been  incurred  for  "any  public  improve- 
ment." 

Again,  in  municipalities  other  than  Philadelphia,  such 
indebtedness  must  have  been  incurred  for  the  acquisition 
of  properties  which  for  a  period  of  five  years,  either  before 
or  after  their  acquisition,  have  been  yielding  a  net  revenue 
sufficient  to  pay  the  interest  and  sinking  fund  charges  on 
such  indebtedness;  while  in  Philadelphia  the  improvement 
for  which  such  indebtedness  is  incurred  must  have  been 
yielding  an  annual  current  net  revenue  to  the  city  for  the 
year  immediately  preceding  the  time  the  calculation  is  made. 

Furthermore,  in  any  municipality,  except  Philadelphia, 
no  portion  of  the  indebtedness  incurred  for  the  acquisition 
of  the  properties  can  be  deducted  from  the  present  indebted- 
ness of  the  municipality  for  the  purpose  of  calculating  tlie 
existing  borrowing  capacity  unless  the  annual  net  revenue 
has  been  sufficient  to  pay  all  the  interest  and  sinking  fund 
charges  on  the  indebtedness  incurred  for  the  improvement; 
while  in  Philadelphia,  if  the  operation  of  the  improvement 
has  during  the  preceding  year  yielded  to  the  city  any  cur- 
rent net  revenue,  there  may  be  deducted  from  the  total  in- 
debtedness of  the  city,  for  the  purpose  of  calculating  its 
borrowing  capacity,  a  capital  sum  ascertained  by  determin- 
ing the  amount  which  will  yield  at  the  average  rate  of 
interest  and  sinking  fund  charges  payable  b^'  the  city,  the 
annual  current  revenue  which  the  city  is  receiving  from  the 
operation  of  the  improvement. 

Clause  (b)  as  proposed  is  a  substitute  for  these  confused 
and  comjdicated  provisions.     The  principle  underlying  the 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  337 


Art.  XIII,  Sec.  17 


clause  is  that  where  there  is  a  public  improvement  which  is 
actuallj"  yielding  a  net  revenue,  then  that  capital  sum  which 
would  yield  an  equal  revenue  at  the  current  rate  of  interest 
and  amortization  charges  can  safely  be  added  to  the  assessed 
value  of  the  taxable  real  estate  in  order  to  ascertain  the 
amount  of  the  debt  limit  of  the  municipality^  The  kind  of 
public  improvement  from  which  the  revenue  is  derived  should 
make  no  dillerence,  neither  should  it  be  stipulated  that  the 
public  improvement  which  is  yielding  a  net  revenue  should 
have  been  acquired  by  the  expenditure  of  borrowed  money. 
Therefore,  in  drafting  clause  (b),  these  requirements  found 
in  the  existing  constitution  have  been  omitted. 

Clause  (c)  as  proposed  provides: 

"The  amount  of  debt  secured  by  liens  on  public  improve- 
ments and  imposing  no  obligation  on  the  municipality,  if 
the  net  revenue  derived  from  such  improvements  has  not 
been  taken  into  account  under  paragraph   (b)." 

This  clause  expresses  the  principle  that  there  should  not 
be  any  limitation  on  the  amount  of  those  debts  of  munici- 
palities which  are  secured  by  liens  on  public  improvements 
and  impose  no  liability  on  the  municipality,  and  that  the 
existence  of  such  debts  should  not  limit  in  any  manner  the 
borrowing  capacity  of  a  municipality.  In 'the  present  con- 
stitution this  principle  is  recognized  but  is  applied  only  to 
municipalities  other  than  Philadelphia  (Article  IX,  section 
15  of  the  present  constitution.)  In  clause  (c)  as  worded, 
the  princij)le  is  extended  to  Philadelphia  by  being  made  ap- 
plicable to  all  municipalities. 

Clause  (d)  as  herein  proposed  provides: 

"So  much  of  any  debt  incurred  within  five  years  to  acquire 
public  improvements  as  shall  be  likely  to  be  allowable  under 
paragraph  (b)  within  six  years  thereafter,  if  the  net  revenue 
derived  from  such  improvements  has  not  been  taken  into  ac- 
count under  paragraph  (b),  and  if  such  debt  has  not  been 
taken  into  account  under  paragraph  (c)." 

In  the  present  constitution,  under  Article  IX,  section  15, 
anj'  municipality  other  than  Philadelphia,  in  computing  its 
debt  for  the  purpose  of  ascertaining  its  remaining  borrow- 
ing capacity,  can  deduct  from  its  indebtedness  any  debt  in- 
curred to  acquire  a  public  improvement  which,  for  a  period 
of  five  3'ears  before  or  after  it  has  been  acquired  by  the 
municipality  has  yielded  a  net  revenue  sufficient  to  j)ay  the 
interest  and  sinking  fund  charges  on  such  debt. 

Under  the  clause  as  proposed,  the  general  principle  under- 
Ij'ing  this  provision  is  recognized  but  the  method  of  treat- 
ment is  wholly  different  and  involves  the  following: 

(1)  It  makes  a  uniform  rule  for  all  municipalities.  (Phila- 
delphia is  not  excepted.) 

(2)  It  applies  to  revenue  derived  from  any  public  im- 
provement and  not  merely  to  revenue  derived  from  water- 
works and  transj)ortation  facilities. 


22 


338  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sec.  17 

(3)  The  public  improvement  need  not  have  yielded,  dur- 
ing a  period  of  five  yeais  preceding  the  calculation,  a  net 
revenue  sufiQcient  to  pay  the  legal  rate  of  interest  and  sink- 
ing fund  charges  on  money  borrowed  for  its  acquisition,  but, 
on  the  other  hand,  the  pid)lic  improvement  must  be  likely 
to  yield  a  revenue  within  six  years  from  the  incurrence  of 
the  debt  contracted  to  acquire  it.  Thus,  under  the  i)ro- 
visions  of  clause  (b),  as  proposed,  if  a  municipality  desires 
to  acquire  a  public  utility  sucli  as  a  trolley  sj^stem,  or  build 
waterworks,  without  encroaching  on  its  borrowing  capacity 
for  other  purposes,  it  could  borrow  for  the  purposes  of  the 
acquisition  no  more  than  a  sum  which  would  yiekl,  at  the 
legal  rate  of  interest  and  amortization  charges,  an  annual 
net  income  equal  to  what,  in  the  opinion  of  a  state-wide 
agency,  would  be  the  current  annual  net  revenue  within  six 
years. 

Clause  (e)  as  proposed  provides: 

''The  par  value  of  the  evidences  of  debt  of  tlie  municipality 
owned  bv  it  and  pledged  toAvard  the  payment  of  the  principal 
of  its  debt." 

This  clause  expresses  the  principal  that  where  a  munici- 
pality ov/ns  some  of  its  own  debt,  that  municipality  has,  to 
all  inteats  and  purposes,  paid  that  debt.  In  such  a  case, 
the  asset  and  the  liability  merge  or  offset  each  other  and  in 
all  computations  of  debt  limits  the  securities  owned  should 
offset  or  support  the  debt  to  the  exact  amount  at  which  such 
securities  are  counted  as  a  liabilit3^ 

Tlie  present  constitution  makes  no  express  reference  to 
this  subject,  but  the  Supreme  Court  has  decided  that  munici- 
pal bonds  held  in  the  sinking  fund  are  no  longer  debts  of 
the  municipality  for  the  purpose  of  calculating  its  borrow- 
ing capacity  under  the  provisions  of  the  constitution. 
(Brooke  v.  Thiladelphia.  162  Pa.  123,  1894;  Bruce  v.  Pitts- 
burgh, 1G6  Pa.  152,  1895.) 

Clause  (f)  as  herein  proposed  provides: 

"The  amount  of  cash  and  the  nuirket  value  of  investments 
owned  by  the  municipality  and  the  amount  of  the  collectible 
debts  due  or  to  fall  due  ovrned  by  the  munici])ality,  in  so 
far  as  sucli  assets  are  pledged  tov/ard  the  payment  of  the 
principal  of  its  debt." 

The  subject  of  this  clause  is  not  referred  to  in  the  present 
constitution.  As  herein  proposed,  it  is  another  application 
of  the  principle  that  the  borrowing  power  of  a  municipality 
may  be  increased  by  the  amount  of  its  assets  available  and 
pledged  to  meet  existing  indebtedness. 

In  Brooke  v.  Philadelphia.  1G2  l»a.  123,  1894,  the  supreme 
court  held  that  securities  in  the  sinking  fund,  other  than  the 
bonds  of  the  municipality,  are  merely  an  asset  of  the  city  and 
do  not  operate  to  reduce  tlie  del)t  or  increase  the  borrowing 
capacity  of  the  municipality.  The  clause  as  proposed  would 
increase  the  borrowing  capacity  of  the  municipality  by  the 
market  value  of  such  securities. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  339 

Art.  XIII,  Sec.  17 

Clause  (g)  as  proposed  provides: 

^'^Eiglit.y  per  centum  of  tlie  amount  which  it  is  estimated 
as  prescribed  by  law  that  tlie  mnnicijiality  will  leceive 
within  five  years  from  assessments  against  propc'rty  beno- 
-  lited  by  public  improvements,  if  such  amount  is  pledged 
toward  the  payment  of  the  iirincipal  of  its  debt  and  it  has 
not  been  taken  into  account  under  paragraph  (f)." 

This  is  entirely  noAV  matter.  It  is  based  on  the  same 
principle  as  clause  (f ).  Under  Article  XIII,  section  22,  laws 
may  be  enacted  authorizing  assessments  against  properties 
which  are  especially  and  particularly  benefited  by  public 
improvements.  As  explained  in  the  note  ai)pended  to  that 
section,  its  object  is  to  enable  large  public  4niprovements  to 
be  made  by  assessing  a  part  of  the  cost  on  the  property  . 
specially  benefited  thereby.  Where,  in  other  jurisdictions, 
this  system  of  carrying  on  public  improvements  is  adopted, 
it  has  been  found  in  practice  to  be  desirable  to  make  the 
benefits  assessed  ]iayable  over  a  series  of  years.  Therefore, 
the  suggested  provision  in  the  section  here  proposed  that 
the  assessments  to  be  paid  within  five  years  is  made  the 
basis  of  the  calculation.  As  the  municipality  under  the 
proposed  wording  of  the  clause  is  the  judge  of  the  amount  of 
the  assessments  which  will  be  received,  we  have  inserted,  as 
a  precaution  against  over-estimates,  the  provision  that  only 
eighty  per  centum  of  the  amount  which  it  is  estimated  that 
the  municipality  will  receive  is  to  be  taken  into  considera- 
tion. 

The  second  paragraph  in  the  section  as  proposed  provides : 

"An  indebtedness  incurred  by  a  municipality  in  excess 
of  three  per  centum  of  the  assessed  value  of  the  taxable 
property  therein  shall  be  approved  by  a  majority  of  the 
electors^  thereof  at  a  public  election  held  as  prescribed  by 
law." 

The  corresponding  provision  in  Article  IX,  section  8  of  the 
present  constitution  provides  that  the  limit  of  debt-incurring 
power  without  the  consent  of  the  electorate  is  two  per 
centum. 

The  third  paragraph  of  the  section  as  proposed  provides: 

"The  term  'incur  debt,'  as  used  in  this  section,  shall  in- 
clude an  incurrence  of  new  indebtedness,  an  extension  of  tlie 
maturity  of  a  debt,  a  deferment  of  the  payment  of  a  debt, 
a  change  in  the  form  of  a  debt,  and  an  assumption  of  a  debt.'' 

To  avoid  the  uncertainty  and  the  resulting  litigation  which 
results  from  the  uncertainty  of  exactly  what  constitute  an 
incurrence  of  a  new  debt  or  increase  in  indebtedness  uud(>r 
the  present  constitution,  it  is  necessary  that  tlie  Avords  "in- 
cur debt"  as  used  in  this  proposed  section  shall  be  defined. 
We  have  intentionally  made  the  definition  asi  inclusive  as 
possible. 

Under  the  wording  of  the  section  as  proposed,  if  a 
municipality  desired  to  refund  its  debt,  the  issuing  of  the 
new  obligations  in  place  of  the  old  would  not  increase  the 


340  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII.  Sec.  18 

debt  of  the  miinicipalitj',  but  the  act  would  be  an  iuciirrence 
of  a  debt  and  if  the  amount  involved  was  greater  than  one- 
quarter  of  one  per  centum  of  the  assessed  value  of  the  real 
estate,  the  assent  of  the  electorate  would  have  to  be  obtained. 
This  result,  it  is  submitted,  is  correct  in  principle.*  Ques- 
tions pertaining  to  the  refunding  of  a  loan  are  often  as  im- 
portant as  those  involved  in  the  original  issue  of  the  loan. 
The  final  paragraph  of  the  section  as  proposed  provides: 
"A  debt  shall  be  deemed  to  be  incurred  at  the  time  the 
obligation  to  pa}'  is  entered  into  or  the  contract  to  extend, 
defer,  change  or  assume  an  existing  debt  is  made." 

This  paragraph  has  been  incorporated  in  the  section  to 
avoid  continuance  of  the  uncertainty  and  confusion  which 
exists  today  in  practice  as  between  different  municipalities 
in  respect  to  the  time  when  the  debt  is  incurred.  In  drafting 
this  paragraph,  it  would  be  possible  to  make  the  time  of 
incurring  the  debt  (a)  when  the  ordinance  placing  the  ques- 
tion before  the  electorate  is  adopted,  or  (b)  when  the  elec- 
torate ratify  the  increase,  or  (c)  when  the  ordinance  is 
adopted  directing  the  proper  officers  to  enter  into  the  in- 
debtedness on  behalf  of  the  municipality,  or  (d)  when  the 
obligation  to  pay  is  actually  incurred.  Under  the  provisions 
of  the  paragraph  suggested,  the  last  of  these  possibilities 
has  been  adopted.  Under  its  provisions,  if  the  electorate 
authorize  two  loans  at  successive  times  which  in  the  aggre- 
gate exceed  the  limit  of  debt-incurring  power  at  the  time, 
the  one  last  authorized,  if  by  itself  it  does  exceed  the  limit, 
may  be  negotiated,  if  no  action  to  incur  indebtedness  has 
been  entered  into  under  the  first  loan. 


Duration  and  Payment  of  Debts. 

1  Section  18.     A  municipality  shall  not  incur  a  debt  maturing 

2  more  than  fifty  years  thereafter.    The  aggregate  amount  of  prin- 

3  cipal  and  interest  payable  in  respect  of  a  debt  in  any  year  shall 

4  not  be  less  than  the  amount  payable  in  any  later  year  unless  the 

5  sinking  fund  method  of  amortization  is  authorized  by  law.    Such 

6  sinking  fund  shall  be  sufficient  to  pay  the  accruing  interest  on 

7  such  debt  and  annually  to  reduce  the  principal  by  a  sum  not  less 

8  than  three  per  centum  of  such  principal.     The  money  in  such 

9  sinking  fund  shall  be  invested  in  the  bonds  of  the  United  States, 

10  of  the  state  government  or  of  a  municipality  thereof. 

11  On  or  before  incurring  a  debt  by  borrowing  money,  the  munici- 

12  pality  shall  provide  for  the  collection  of  an  annual  tax  sufficient 

13  to  pay  the  principal  and  interest  as  they  fall  due. 

Note. 
Source:     (1)     Article  IX,  section  10: 

"Any  county,  township,  school  district  or  other  munici- 
pality incurring  any  indebtedness  shall,  at  or  before  the 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  341 

Art.  XIII,  Sec.  18 

time  of  so  doing,  provide  for  the  collection  of  an  annual  tax 
sufficient  to  pay  the  interest  and  also  the  principal  thereof 
within  thirty  years." 

(2)  Article  XV,  section  3: 

"Every  city  shall  create  a  sinking  fund,  which  shall  be 
inviolably  pledged  for  the  payment  of  its  funded  debt." 

(3)  Part  of  Article  IX,  section  8: 

"*  *  *  In  incurring  indebtedness  for  any  purpose,  the 
city  of  Philadelphia  may  issue  its  obligations  maturing  not 
later  than  fifty  years  from  the  date  thereof,  with  provision 
for  a  sinking  fund  sufficient  to  retire  said  obligations  at 
maturity,  the  payment  to  such  sinking  fund  to  be  in  equal 
or  graded  annual  or  other  periodical  instalments.  Where 
any  indebtedness  shall  be  or  shall  have  been  incurred  by 
said  city  of  Philadelphia  for  the  purpose  of  the  construction 
or  improvement  of  public  works  of  any  character,  from 
which  income  or  revenue  is  to  be  derived  by  said  city,  or 
for  the  reclamation  of  land  to  be  used  in  the  construction 
of  wharves  or  docks  owned  or  to  be  owned  by  said  city,  such 
obligations  may  be  in  an  amount  sufficient  to  provide  for, 
and  may  include  the  amount  of,  the  interest  and  sinking 
fund  charges  accruing  and  which  may  accrue  thereon 
throughout  the  period  of  construction,  and  until  the  expira- 
tion of  one  year  after  the  completion  of  the  work  for  which 
said  indebtedness  shall  have  been  incurred;  and  said  city 
shall  not  be  required  to  levy  a  tax  to  pay  said  interest  and 
sinking  fund  charges  as  required  by  section  ten,  article  nine 
of  the  constitution  of  Pennsjdvania,  until  the  expiration  of 
said  period  of  one  year  after  the  completion  of  said  work." 
(Amendment  of  Jfovember  5,  1918.) 

(4)  Part  of  Article  IX,  section  15: 

a*  *  *  *  -vs^iiere  municipalities  or  counties  shall  issue 
obligations  to  provide  for  the  construction  of  property,  as 
herein  provided"  (i.  e.,  water- works,  subways,  underground 
railways  or  street  railways  or  appurtenances  thereto)  "said 
municipalities  or  counties  may  also  issue  obligations  to  pro- 
vide for  the  interest  and  sinking  fund  charges  accruing 
thereon  until  said  properties  shall  have  been  completed  and 
in  operation  for  a  period  of  one  year ;  and  said  municipalities 
and  counties  shall  not  be  required  to  levy  a  tax  to  pay  said 
interest  and  sinking  fund  charges,  as  required  by  section 
ten  of  article  nine  of  the  constitution  of  Pennsylvania,  until 
after  said  properties  shall  have  been  operated  by  said  coun- 
ties or  municipalities  during  said  period  of  one  j^ear  *  *  *" 
(Amendment  of  November  4,  1913.) 

Changes  in  Substance:  (1)  The  right  of  the  city  of  Philadel- 
phia, in  incurring  indebtedness  for  the  construction  or  im- 
provement of  public  works  of  any  character  from  which 
income  is  to  be  derived  by  the  «ity  or  for  the  reclamation 
of  lands  to  be  used  in  the  construction  of  wharves  and  docks 


342  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sec.   18 

owned  or  to  be  owned  by  the  city,  and  the  right  of  other 
municipalities,  in  incurring  indebtedness  for  tlie  construc- 
tion of  water-works,  subways,  underground  railways  or 
street  railways  or  ap])urteuances  thereto,  to  include  the 
amount  of  the  interest  and  sinking  fund  charges  accruing 
or  which  may  accrue  throughout  the  period  of  construction 
and  until  one  year  after  the  completion  of  the  work,  thus 
relieving  the  municipality  from  the  obligation  to  pay  interest 
and  sinking  fund  charges  on  the  debt  out  of  current  revenues 
until  the  expiration  of  one  year  after  the  completion  of  the 
work,  is  abolished. 

The  disastrous  effects  of  the  provision  of  the  present  con- 
stitution is  shown  by  the  figures  submitted  to  the  Commis- 
sion by  the  Department  of  Citj'  Transit  in  Philadelphia. 
In  1916,  14,000,000  bonds  were  issued  to  obtain  money  for 
the  construction  of  transit  facilities.  By  the  end  of  1920, 
twenty  per  cent,  of  this  amount  will  have  been  used  to  pay 
the  interest  and  sinking  fund  charges  on  account  of  these 
bonds.  As  all  work  on  the  sections  of  the  subways  for  which 
the  money  was  largely  borrowed  has  been  stopped,  it  will 
be  perceived  that  a  large  proportion  of  the  loan  will  be 
eventually  consumed  in  the  carrying  charges.  All  of  which 
means  that  the  people  of  Philadelphia,  by  being  permitted 
to  postpone  the  day  vrlien  the  carrying  charges  on  the  transit 
loans  will  have  to  l)e  paid  out  of  taxation,  may  have  doubled 
the  amount  which  will  ultimately  have  to  be  met  by  taxation. 

(2)  The  extension  to  all  municipalities  of  the  right  to 
issue  bonds  maturing  in  fifty  years  irrespective  of  the  pur- 
poses for  which  the  bonds  are  issued. 

Under  the  present  constitution,  all  bonds  issued  by  a 
municipality  must  mature  within  thirty  years,  except  bonds 
issued  by  the  city  of  Philadelphia,  which  must  mature  not 
later  than  fifty  years  from  the  date  of  issue. 

The  longer  term  reduces  the  annual  amortization  charges. 
The  Commission  believe  that  a  municipal  bond  should  not 
be  outstanding  longer  than  the  life  of  the  public  improve- 
ment for  the  acquisition  of  which  the  debt  was  created.  The 
extension  of  the  term  does  not  violate  the  principle  as  the 
more  expensive  class  of  public  improvements,  as  subways, 
docks  and  water-works,  are  constructed  to  last  for  a  much 
longer  period  than  fifty  years. 

(3)  The  establishment  of  the  serial  bond  system  in  lieu 
of  the  sinking  fund  system  of  amortization,  unless  the  sink- 
ing fund  system  of  amortization  is  autliorized  by  an  agency 
created  by  law  with  state-wide  jurisdiction.  This  is  in 
accordance  with  modern  practice. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  343 

Art.  XTII,  Sees.  19,  20 

Debts  Other  Than  for  Money  Borrowed. 

1  Section  19.     A  municipality  shall  not  incur  a  debt  otherwise 

2  tlian  by  the  borrowing  of  money  unless  there  has  been  an  appro- 

3  priation  to  pay  the  debt. 

Note. 
Source:  Article  XV,  section  2: 

"No  debt  shall  be  contracted  or  liability  incurred  by  any 
municipal  commission,  except  in  pursuance  of  an  appropria- 
tion previously  made  therefor  by  the  municipal  government." 

Changes  in  Substance:  In  the  present  constitution,  Article  XV, 
section  2  apparently  enunciates  the  principle  that  no  agency 
other  than  the  municipality  itself  can  incur,  for  the  munici- 
pality, debt  or  liability  "except  in  pursuance  of  a  previous 
appropriation  therefor  by  the  municipal  government."  The 
Commission,  however,  believe  that  the  constitution  should 
express  a  far  wider  principle;  namely,  that  debt,  other  than 
the  borrowing  of  money,  cannot  be  incurred  by  a  municipal 
government  unless  an  appropriation  has  been  made  by  such 
government  to  pay  such  debt.  The  section  as  proposed 
expresses  this  principle. 

We  have  worded  this  section  (Article  III,  section  20,  of 
the  present  constitution)  so  that  it  is  confined  to  prohibi- 
tions on  a  municipality  in  respect  to  the  creation  of  a  debt, 
and  section  21  of  this  article  so  that  it  is  confined  to  pro- 
hibitions on  the  state  government  creating  municipal  com- 
missions to  perform  municipal  functions. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Municipalities  Not  to  Pledge  Credit. 

1  Section  20.     A  municipality  shall  not  pledge  or  lend  its  credit 

2  to  a  corporation,  association  or  individual  and  shall  not  be  a 

3  stockholder  or  owner  in  a  corporation  or  association.     Except 

4  to  discharge  municipal  liabilities,  it  shall  not  appropriate  money 

5  to  assist  a  private  business  enterprise. 

6  The  provisions  of  this  section  shall  not  be  construed  to  apply 

7  to  the  lease  by  a  municipality  to  a  corporation  of  a  public  service 

8  facility  for  a  rental  dependent  on  the  earnings  of  the  lessee  if 

9  the  corporation  covenants  to  operate  the  facility  and  an  agency 
10  created  by  law  to  regulate  public  utilities  approves  the  lease. 

Note. 
Source:     Article  IX,  section  7: 

"The  general   assembly  shall  not  authorize  any   county, 
city,  borough,  township  or  incorporated  district  to  become 


344  REPORT  OF  THE  COMMISkSION  ON 

Art.  XIII,  Sec.  20 

a  stockholder  in  any  company,  association  or  corporation, 
or  to  obtain  or  appropriate  money  for,  or  to  loan  its  credit 
to,  any  corporation,  association,  institution  or  individual." 

Changes  in  Substance:     None. 

Clarifying  Changes:  The  Commission  believe  that  the  intent  of 
the  drafters  of  the  section  in  the  present  constitution  was 
to  prevent  a  municipality  assisting  a  business  enterprise. 
The  methods  of  assistance  were  to  become  a  stockholder,  and 
to  appropriate  money  for  or  lend  its  credit  to  the  enterprise. 
In  attempting  to  embody  the  principle  in  the  section,  the 
section  was  so  worded  as  to  make  it  impossible  for  the  courts 
to  construe  it  as  meaning  what  it  saja.  It  says:  "TTie  gen- 
eral assembl.y  shall  not  authorize  any  county,  city,  borough 
or  incorporated  district  to  become  a  stockholder  in  any  com- 
pany, association  or  corporation,  or  to  obtain  or  appropriate 
money  for  or  to  loan  its  credit  to  any  corporation,  associa- 
tion or  individual.  Interpreted  literally,  this  would  prevent, 
on  the  one  hand,  the  appropriation  of  money  to  a  corpora- 
tion, association,  institution  or  individual  in  payment  of  the 
debts  of  the  municipality;  and,  on  the  other,  it  would  pre- 
vent all  gifts  by  the  municipality  to  any  corporation,  asso- 
ciation, individual  or  institution.  Thus  the  payment  of 
money  for  widows'  pensions  would  be  clearly  unconstitu- 
tional. The  courts  have  attempted  to  construe  the  section 
so  as  to  make  it,  if  possible,  workable,  with  the  result  that 
the  recorded  decisions,  while  they  reflect  a  certain  practical 
common  sense,  are  diflScult  to  reconcile  and  there  is  always 
the  possibility  of  litigation  raised  by  a  taxpayer's  bill  to 
restrain  an  appropriation  which  while  clearly  within  the 
language  of  the  prohibition  of  the  section,  is  probably  not 
within  the  intent  of  its  drafters.  In  re-drafting  the  section, 
we  have  attempted  to  confine  the  first  paragraph  to  a  clear 
expression  of  the  principle  that  a  municipality  should  not 
become  a  partner  in  or  lend  its  aid  to  a  business  enterprise. 
No  attempt  is  made  to  prevent  a  gift  by  a  municipality  pro- 
vided the  gift  is  not  in  assistance  of  a  business  enterprise. 
The  second  paragraph  is  inserted  to  meet  the  following 
situation :  The  peoj^le  of  a  city  desire  a  public  service  facility 
of  a  particular  character,  as,  for  instance,  subways  for  street 
railway  passenger  traffic.  From  a  commercial  point  of  view 
we  will  suppose  it  is  not  possible  to  finance  the  cost  of  con- 
struction because  the  returns  from  the  operation  of  the 
facilities  will  not  yield,  above  the  cost  of  operation,  sufficient 
return  to  pay  the  interest  on  the  cost.  The  city  constructs 
the  facility,  not  with  the  intent  of  operating  it,  but  with 
the  intent  of  leasing  it  to  an  operating  company.  Under 
the  circumstances  supposed,  it  is  not  possible  for  the  city  to 
secure  an  operator  who  will  agree  to  pay  the  city  at  all 
events  the  ordinary  rate  of  interest  on  the  cost  of  the  facility. 
Perhaps  the  best  lease,  from  the  point  of  view  of  the  city's 
interest,  that  can  be  made  under  the  circumstances  is  a 
lease  in  which  the  operator  is  not  obligated  to  pay  any  rent 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  345 

Art.  XIII,  Sees.  21,  22 

unless  the  rent  is  earned  out  of  current  revenues  above  oper- 
ating expenses.  Under  the  wording  of  the  section  in  the 
present  constitution,  a  doubt  has  arisen  whether  such  a  lease 
would  not  be  held  to  be  a  loaning  of  money.  A  decision  to 
this  effect,  under  an  almost  similar  provision  of  the  Ohio 
constitution,  has  been  made  by  the  supreme  court  of  that 
state.  (See  State,  ex  rel.,  Campbell  vs.  Cincinnati  Street 
Kail  way  Co.,  97  Ohio  State,  283.) 

Under  the  wording  of  the  second  paragraph  of  the  section 
here  proposed,  it  is  clear  that  such  a  lease  would  not  violate 
the  provisions  of  the  first  paragraph  of  this  section. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Special  Commissions  Prohibited. 

1  Section  21.     No  law  shall  delegate  to  a  special  commission, 

2  corporation  or  association  power  to  perform  a  municipal  func- 

3  tion,  or  to  make,  supervise  or  interfere  with  a  municipal  im- 

4  provement,  or  with  municipal  property  or  money,  whether  held 

5  in  trust  or  otherwise. 

Note. 

Source:     Article  III,  section  20:        . 

"The  general  assembly  shall  not  delegate  to  any  special 
commission,  private  corporation  or  association,  any  power 
to  make,  supervise  or  interfere  with  any*  municipal  improve- 
ment, money,  property  or  effects,  whether  held  in  trust  or 
otherwise,  or  to  levy  taxes  or  perform  any  municipal  function 
whatever." 

Changes  in  Substance:     None. 

Changes  in  Style:     The  Commission's  rules  of  style  have  been 
followed. 


Assessments  of  Benefits  for  Public  Improvements. 

1  Section  22.     Laws  may  be  enacted  authorizing  assessments 

2  against  properties  which  are  specially  and  particularly  benefited 

3  by  public  improvements  made  by  the  state  government  or  by  a 

4  municipality,  whether  or  not  such  properties  abut  upon  such 

5  public  improvements. 

Note. 

Source:     This  is  entirely  new  matter. 

The  principle  embodied  in  this  section  is  to  assess  the 
direct  special  monetary  increase  in  values  caused  by  a  public 
improvement  upon  the  properties  specially  benefited,  whether 


346  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sec.  22 

directly  abutting  ou  tlie  impiovement  or  not.  The  payment 
of  tlie  assessment  can  be,  and  we  believe  generally  will  be, 
spread  over  a  period  of  ten  years. 

While  an  important  public  work  causes  a  general  much- 
ditt'used  increase  of  values  over  the  whole  community,  there 
is  always  a  direct  special  benefit  on  the  property  very  di- 
rectly within  the  sphere  of  iutiaence  of  such  a  work,  and  it 
is  only  this  specially  beneiited  property  that  may  be  assessed 
specially'  under  this  section. 

The  method  of  paying  for  improvements  through  the  assess- 
ment of  benetits  upon  properties  affected,  whether  or  not  they 
touch  the  improvement,  is  finding  more  and  more  general 
application  throughout  the  United  States.  Under  the  present 
constitution,  as  interpreted  by  the  courts,  such  assessments 
are  limited  to  abutting  properties,  an  arbitrary  rule  that 
accords  with  neither  fact  nor  justice. 

That  the  opening  of  streets,  the  construction  of  transpor- 
tation lines,  the  creation  of  parks  and  other  large  municipal 
improvements  greatly  increases  the  value  of  property  is 
proven  in  every  case  where  such  improvements  have  been 
made,  and  it  is  very  seldom  that  the  owners  of  property 
benefited  contribute  any  substantial  aid,  financial  or  other- 
wise, toward  the  improvement. 

In  Philadelphia,  the  opening  of  the  Boulevard  from  Broad 
street  through  the  northeastern  part  of  the  city  more  than 
doubled  the  value  of  property  in  its  vicinity. 

Prior  to  the  construction  of  the  Market  street  subway- 
elevated  line  in  that  city  the  average  annual  increase,  during 
several  years,  in  the  assessed  value  of  property  in  West 
Philadelphia  wards  was  about  $2,300,000,  while  the  average 
increase  in  the  same  area  since  its  construction  has  been 
about  .*;f  11,500,000,  most  of  which  has  been  in  the  section 
served  directly  by  the  car  lines  using  the  subway.  The  terri- 
tory benefited  contributed  nothing  towards  the  construction 
of  the  lines,  although  it  received  enormous  benefits. 

It  should  be  appreciated  that  failure  to  assess  special 
benefits,  where  there  are  special  benefits,  cripples  the  prog- 
ress of  a  city  and  prevents  other  property  owners  from  get- 
ting improvements  to  which  they  are  equallj^  entitled.  A 
city  has  only  a  certain  sum  to  spend  on  developments ;  the 
assessment  of  benefits  will  make  that  sum  go  much  further 
than  it  would  if  there  were  no  sucli  assessment.  It  is,  we 
believe,  no  exaggeration  to  say  that  without  the  amendment 
to  the  present  constitution  embodied  in  the  section  herein 
proposed,  it  will  not  be  possible  to  make,  in  the  old  and 
more  densely  populated  cities  of  the  state,  the  public  im- 
provements necessary  to  enable  them  to  become  and  continue 
to  be  attractive  places  of  residence. 

The  principle  embodied  in  the  section  applies  to  improve- 
ments made  by  the  money  of  the  taxpayer  whetlier  the  agent 
carrying  on  the  improvement  is  a  municipal  government  or 
the  government  of  the  state.  We  have,  therefore,  so  worded 
the  section  as  to  apply  to  the  state  government.    We  have, 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  347 

Art.  XIII,  Sec.  23 

however,  placed  the  section  imder  this  article  on  Municipali- 
ties and  not  nnder  eitber  Articles  III  or  IV,  which  deal 
with  the  organization  and  powers  of  the  legislative  and  the 
executive  branches  of  the  state  government,  as  we  believe 
that  this  -section  and  the  next  two  sections,  23  and  24,  all 
relating  to  public  improvements,  should  appear  in  one  place 
in  the  constitution.  As  section  23,  for  the  reasons  stated 
in  tlie  note  to  that  section,  should  appear  in  tliis  article,  and 
section  24,  relating  as  it  does  only  to  municipalities,  must 
appear  in  this  article;  we  have  also  placed  in  this  article 
this  section  on  the  assessment  of  benefits  for  public  improve- 
ments. 


Extent  of  Land  Permitted  to  be  Taken  for  Public  Improvements. 

1  Section  23.     When  the  public  purpose  for  which  land  is  taken 

2  can   best   be  attained   by   acquiring  more  land  than   the  state 

3  government  or  the  municipality  proposes  to  retain,  the  state 

4  government  or  the  municipality,  subject  to  regulations  prescribed 

5  by  law,  may  take  all  the  land  which  in  its  judgment  is  needed  for 

6  the  attainment  of  such  purpose  and  may  dispose  of  portions 

7  thereof,  subject  to  restrictions  protective  of  the  public  purpose. 

Note. 
Source :      This  is  entirely  new  matter. 

ITie  amendment  proposed  in  this  section  embodies  the 
principle  that  when  the  public  take  land  they  should  be  able 
to  take  enough  land  to  fully  carry  out  the  public  purposes 
intended.  As  worded,  it  recognizes  the  fact  that  this  in 
many  cases  necessarily  involves  taking  some  land  which  will 
not  be  permanenth-  retained  for  public  use.  The  reason 
for  and  the  purpose  of  the  section  can  be  best  made  clear 
by  the  following  illustration. 

Suppose  the  public  improvement  desired  by  a  city  is  a 
boulevard  which  will  cut  the  boundary  lines  of  properties 
fronting  on  the  older  existing  streets  at  all  sorts  of  angles. 
If  the  land  taken  is  confined  to  the  lines  of  the  boulevard, 
it  is  impossible  to  carry  out  fully  the  object  of  the  improve- 
ment, which  is  to  have  the  boulevard  lined  by  large  and  well- 
built  public  and  private  properties.  Practically,  this  object 
can  be  obtained  only  by  condemning  the  land  on  either  side 
of  the  line  of  the  proposed  .boulevard  to  a  depth  sufficient  to 
afford  suitable  l»uilding  lots  fronting  on  the  boulevard. 

Already  the  facts  here  set  forth  have  been  recognized  in 
other  states.  JMassachusetts  in  1911,  Ohio  and  Wisconsin  in 
1912  and  New  York  in  1913.  have  adopted  amendments  to 
their  constitutions  similar  to  the  one  embodied  in  this 
section. 

It  will  be  noted  that  the  section  applies  to  land  taken  by 
the  state  government  as  well  as  land  taken  by  a  municipality. 


348  REPORT  OF  THE  COMMISSION  ON 

Art.  XIII,  Sees.  24,  25 

It  therefore,  in  strictness,  should  not  be  placed  in  an  article 
the  title  to  which  indicates  that  it  is  confined  to  mimicipali- 
X  ties.  We  have  placed  it  in  this  article  because  there  is  no 
other  article  to  which  it  can  be  properly,  assigned.  It  does 
not  require  legislation  to  make  it  operative  and  therefore 
should  not  be  placed  in  Article  III,  and  it  would  not  seem 
advisable  to  create  a  separate  article  on  the  taking  of  land. 


Zoning  of  Municipalities. 

1  Section  24.     Municipalities  may  be  authorized  by  law  to  pro- 

2  mote  the  general  welfare  bj'  regulating  the  location,  size  and  use 

3  of  buildings.    For  the  purpose  of  such  regulations,  a  municipality 

4  may  divide  its  territory  into  districts,  to  each  of  which  special 

5  regulations  may  be  applied. 

Note. 
Source:     This  is  entirely  new  matter. 

We  believe  that  it  is  generally  recognized  that  a  modern 
city,  or  a  municipality  created  to  govern  a  country  district 
should  have  the  power  to  divide  its  territory  into  zones  for 
the  purpose  of  making  regulations  which  will  enable  each 
zone  to  be  developed  along  lines  suitable  to  its  location,  and 
permit  the  scientific  planning  of  the  development  of  the  en- 
tire territory  for  the  best  interest  of  the  whole  community. 

We  therefore  believe  that  the  general  assembly  should 
have  the  right  to  grant  to  any  class  of  municipalities  the 
power  to  adopt  what  is  popularly  known  as  a  zoning  system, 
and  have  suggested  the  adoption  of  the  section  so  as  to  re- 
move, so  far  as  possible,  any  constitutional  objection  that 
may  exist  to  such  legislation. 


Contracts  Between  Municipalities. 

1  Section  25.     A  municipality  may,  as  prescribed  by  law,  con- 

2  tract  with  one  or  more  municipalities  for  the  joint  acquisition, 

3  construction,   maintenance,  supervision  or  operation  of  public 

4  property,  for  the  creation  of  agencies  to  effect  any  of  such  pur- 

5  poses,  and  for  the  creation  pf  such  agencies  as  may  be  mutually 

6  agreed  upon  for  the  good  government  of  the  municipalities.  Such 

7  agencies  shall  not  levy  taxes  or  borrow   money.     Every  such 

8  contract  shall  name  arbitrators. 

Note. 
Source:     This  is  entirely  new  matter. 

There  are  many  improvements,  as,  for  instance,  the  proper 
drainage  of  a  large  district  or  its  proper  water  supply,  which 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  349 

Art.  XIII,  Sees.  26,  27 

are  too  large  to  carried  out  by  one  municipality.    Such  im- 
provements can  be  carried  out  in  three  ways: 

(1)  By  the  action  of  the  state  government. 

(2)  By  the  creation  of  a  new  class  of  municipalities  for 
the  purpose  of  carrying  on  the  improvement. 

(3)  By  the  joint  action  of  the  municipalities,  the  terri- 
tories of  w^hich  are  affected  by  the  improvement. 

The  amendment  embodied  in  the  section  here  proposed 
will,  if  adopted,  remove  any  possible  constitutional  objection 
to  the  third  method. 

The  section  will  also  enable  two  or  more  municipalities, 
when  permitted  by  law,  to  carry  on  jointly  any  municipal 
activity,  as,  for  instance,  police  protection. 


Street  Passenger  Railways  in  Cities,  Boroughs  or  Townships. 

1  Section  26.     A   street  passenger   railway   shall   not  be   con- 

2  structed  in  a  citj',  borough  or  township  except  with  the  consent 

3  of  the  municipality. 

4  The  provisions  of  this  section  shall  not  be  construed  to  permit 

5  a  restriction  on  the  power  of  the  state  government  to  regulate 

6  the  operation  of  such  a  railway. 

Note. 
Source:     Article  XVII,  section  9: 

"No  street  passenger  railway  shall  be  constructed  within 
the  limits  of  any  city,  borough  or  township,  without  the 
consent  of  its  local  authorities." 

Changes  in  Substance:     None. 

Clarifying  Changes :  The  second  paragraph  of  the  section  makes 
it  certain  that  the  wording  of  the  first  paragraph,  which  is 
practically  identical  with  Article  XVII,  section  9,  of  the 
present  constitution,  will  never  be  construed  to  permit  any 
action  on  the  part  of  the  state  government  or  a  municipal 
government  as  taking  from  the  state  government  the  right 
to  regulate  the  operation  of  such  street  passenger  railways 
as  may  be  constructed  with  the  consent  of  the  local  authori- 
ties. We  believe  that  the  retention  in  the  state  government 
of  the  police  power  of  the  commonwealth  over  the  operation 
of  all  utilities  is  essential  to  public  welfare. 

Changes  in  Style:  The  Commission's  rules  of  stjde  have  been 
followed. 


One  Place  of  Paying  Taxes  in  Cities  and  Boroughs. 

1  Section  27.    Laws  shall  be  enacted  to  enable  a  taxpayer  in 

2  each  city  and  borough  to  paj-  all  municipal  taxes  at  one  office. 


350  REPORT  OF  THE  COMMISSION  ON 

Art.  XIV,  Sec.   1 

Note. 
Source:     TliLs  is  entirely  new  matter. 

The  adoption  of  this  provision  will,  we  believe,  do  away 
witJi  the  system  of  liaving  different  offices  for  the  payment  of 
county,  school  and  city  or  borough  taxes.  It  will  enable 
the  residents  of  each  city  and  borougli  to  pay  not  merely  city 
or  borough  taxes  at  one  office,  but  all  taxes — county,  school 
or  other  taxes — except  state  taxes,  at  one  office.  There  maj' 
be,  after  the  adoption  of  the  section,  more  than  one  office 
in  a  citj'  or  borough  at  which  taxes  are  paid,  but  any  one 
taxpayer  will  be  able  to  paj'  all  his  municipal  taxes  at  one 
office. 


ARTICLE  XIV. 


AMENDMENT  AND  REVISION. 


Preliminary  Note. 
Source:     Article  XVIII  of  the  present  constitution. 

Title:  In  the  present  constitution  this  article  is  entitled  "Future 
Amendments."  The  change  in  title  is  made  to  cover  the 
proposed  additional  section  relating  to  revision  of  the  consti- 
tion  hj  a  constitutional  convention. 


Amendment  of  Constitution. 

1  Section  1.     An  amendment  to  this  constitution  may  be  pro- 

2  posed  in  the  general  assembly.     If  agreed  to  by  a  majority  of 
o  the  members  elected  tp  each  house,  it  shall  be  entered  on  the 

4  journals  with  the  names  of  the  members  voting  for  and  of  those 

5  voting  against,   and  the  secretary   of  the  commonwealth   shall 
(■)  cause  it  to  be  published  once  a  week  for  four  weeks  immediately 

7  preceding  tlie  next  general  election  in  at  least  two  newspapers  in 

8  every   county  in  which   newsjjapers   shall  be   published.     If  it 

9  shall  be  likewise  agreed  to  by  the  next  general  assembly,  the  sec- 

10  retary  of  the  commonwealth  shall  cause  it  to  be  published  in  the 

11  manner  aforesaid  for  four  weeks  immediately  preceding  the  first 

12  general  or  municipal  election  whicli  shall  first  occur  not  less  than 

13  three  months  alter  such  agreement,  and  it  sliall  be  submitted  at 

14  such  election  to  the  electors  of  the  commonwealth  in  such  manner 

15  as  the  general  assembly  shall  })rescribe.     If  it  shall  be  approved 
IG  by  a  majority  of  the  electors  voting  thereon,  it  shall  become  a 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  351 

Art.  XIV,  Sec.  1 

17  part  of  the  coustitiition.     Wlieii  two  or  more  amendments  are 

18  submitted  to  the  electors  at  the  same  time,  they  shall  be  voted 

19  upon  separateh\     WIkmi  any  amendment  submitted  to  the  elec- 

20  tors    shall  not  be  apiiroved  by  a  majority  thereof,  no  amendment 

21  substantially  the  same  shall  again  be  submitted  to  the  electors 

22  within  live  years. 

Note. 
Source:     Article  XVIII,  section  1: 

''Any  amendment  or  amendments  to  this  constitution  may 
be  proposed  in  the  senate  or  house  of  representatives;  and, 
if  the  same  shall  be  agreed  to  by  a  majority  of  the  members 
elected  to  each  house,  such  proposed  amendment  or  amend- 
ments shall  be  entered  on  their  journals  with  the  yeas  and 
nays  taken  thereon,  and  the  secretary  of  the  commonwealth 
shall  cause  the  same  to  be  published  three  months  before  the 
next  general  election,  in  at  least  two  newspapers  in  every 
county  in  which  such  newspapers  shall  be  published ;  and 
if,  in  the  general  assembly  next  afterwards  chosen,  such  pro- 
posed amendment  or  amendments  shall  be  agreed  to  by  a 
majority  of  the  members  elected  to  each  house,  the  secretary 
of  the  commonwealth  shall  cause  the  same  again  to  be  pub- 
lished in  the  manner  aforesaid ;  and  such  proposed  amend- 
ment or  amendments  shall  be  submitted  to  the  qualified  elec- 
tors of  the  state  in  such  manner  and  at  such  time  at  least 
three  months  after  being  so  agreed  to  by  the  two  houses, 
as  the  general  assembly  shall  prescribe ;  and  if  such  amend- 
ment or  amendments  shall  be  approved  by  a  majority  of 
those  voting  thereon,  such  amendment  or  amendments  shall 
become  a  part  of  the  constitution ;  but  no  amendment  or 
amendments  shall  be  submitted  oftener  than  once  in  five 
years.  When  two  or  more  amendments  shall  be  submitted 
they  shall  be  voted  upon  separately." 

Changes  in  Substance:  (1)  The  required  advertisement,  when 
the  amendment  has  been  passed  by  two  successive  general 
assemblies,  may  precede  either  a  general  or  a  municipal 
election.  Under  the  present  constitution,  it  must  precede  a 
general  election.  The  change  is  made  for  the  following 
reasons: 

The  general  assembly  meets  and  municipal  elections  are 
held  in  odd-numbered  years.  Oeneral  elections  are  held  in 
even-nundjered  years.  If  any  amendment  is  agreed  to  by  the 
general  assembly  in  1021  and  is  again  ratified  in  1923,  it 
cannot,  under  the  present  constitution  be  advertised  until 
1924.  The  Commission  believe  that  the  electors  should  have 
an  opportunity  to  pass  on  the  proposed  amendment  at 
the  first  election  after  its  second  approval  by  the  general 
assembly,  i.  e.,  the  election  of  1923. 

(2)  The  amendment  must  be  published  by  the  secretary  of 
the  commonwealth  for  four  weeks,  instead  of  thirteen  weeks, 
as  provided  in  the  present  constitution. 


352  REPORT  OF  THE  COMMISSION  ON 

Art.  XIV,  Sec.  2 

Clarifying  Changes:  The  language  of  the  present  constitution 
as  to  advertisements  is  ambiguous.  The  Commission  there- 
fore recommend  substituting  tlie  words  "to  be  published  once 
a  week  for  four  weeks  immediatelj'  preceding  the  next  regu- 
lar election."  This  change  is  approved  by  the  Secretary  of 
the  Commonwealth. 

Changes  in  Style:  The  Commission's  rules  of  style  have  been 
followed. 


Constitutional  Conventions. 

1  Section  2.     The. general  assembly  may  recommend  to  the  elec- 

2  tors  of  the  commonwealth  to  vote  for  or  against  a  convention 

3  for  the  framing  of  a  new  constitution  or  of  amendments  to  this 

4  constitution,  or  of  a  revision  thereof.     Such  convention  shall  be 

5  held  only  with  the  approval  of  a  majority  of  the  electors  voting 

6  on  the  question.     It  shall  be  composed  of  delegates  chosen  by  the 

7  electors  of  the  commonwealth.     The  new  constitution,  the  amend- 

8  ments  or  the  revised  constitution  proposed  by  the  convention 

9  shall  become  effective  only  when  ratified  by  a  majority  of  the 

10  electors  of  the  commonwealth  voting  thereon.     The  times  and 

11  methods  of  such  voting  and  election  and  the  composition  of  the 

12  convention  shall  be  determined  by  the  general  assembly  with  the 

13  consent  of  a  majority  of  the  members  elected  to  each  house. 

Note. 
Source:  This  is  entirelj^  new  matter.  After  very  careful  con- 
sideration of  the  principles  and  precedents  involved,  the 
Commission  have  concluded  that  the  method  of  change, 
amendment  or  revision  upon  recommendation  of  a  constitu- 
tional convention  should  be  embodied  in  the  constitution 
itself. 

The  proposed  section  contemplates  five  steps  in  such  a 
process : 

1.  The  action  of  the  general  assembly  directing  a  vote  to 
be  taken  as  to  the  desirability  of  holding  a  constitutional 
convention. 

2.  A  vote  favorable  to  the  proposition. 

(Constitutional  conventions  have  been  held  in  Pennsyl- 
vania and  elsewhere  without  the  approval  of  the  electors ; 
that  is,  the  electors  have  simply  been  permitted  by  a  statute 
to  choose  delegates  without  first  having  an  opportunity  to 
approve  or  to  disapprove  of  the  holding  of  a  constitutional 
convention.  In  view,  however,  of  the  prevailing  modern 
practice,  and  of  the  doubt  felt  by  the  Commission  as  to  the 
validity  of  a  convention  held  without-  such  approval,  the 
second  sentence  of  the  proposed  section  is  recommended. 

It  will  be  observed  that  it  would  I)e  feasible,  under  the 
proposed  section,  to  place  before  the  electors  at  the  same 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  353 

Concluding  Section. 

election,  the  question  of  holding  a  convention  and  the  choice 
of  delegates.) 

3.  The  election  of  delegates  to  the  convention. 

4.  The  submission  of  proposals  by  the  convention  to  tlie 
electors. 

5.  A  vote  favorable  to  the  proposals. 

The  constitutions  of  Pennsylvania  of  177G  and  1790  were 
promulgated  by  the  constitutional  conventions  which  drafted 
them.  But  the  universal  modern  practice  is  to  require  the 
proposals  of  the  convention  to  be  approved  by  the  electors. 
The  Commission  therefore  .recommend  that  such  approval  be 
expressly  provided  for  in  the  constitution. 


CONCLUDING  SECTION. 

1  Wherever  a  term  in  the  masculine  form  is  used  in  this  constitu- 

2  tion,  it  refers  to  men  and  women  alike. 

Note. 

Source:  This  is  entirely  new  matter.  It  is  necessary  because 
it  has  been  imj^ossible  to  draft  a  constitution  without  using 
the  masculine  pronoun.  To  say  "he  or  she,"  or  "him  or  her-' 
(m  every  occasion  would  be  awkward  in  the  extreme. 


23 


(354) 


EXHIBIT   D 


THE  PRESENT  CONSTITUTION. 

With  cross-references  to  the  corresponding  provisions  of  the  consti- 

tion  as  proposed. 


(355) 


(356) 


Ari.  I;  Art.  II,  Sees.  1,  2 

EXHIBIT  D 


THE  PRESENT  CONSTITUTION. 


With  cross-references  to  the  corresponding  provisions  of  the  ccrsti- 

tion  as  proposed. 


ARTICLE  I. 

DECLARATION  OF  RIGHTS. 

Note. 

Tlic  Commission  recommend  that  the  Declaration  of  Rights  be 
;i('()]ttecl  without  change.  The  text  will  be  found  in  Part  II  of  the 
L'cjiort  of  the  Commission. 


ARTICLE  II. 

THE  LEGISLATURE. 

Legislative  Power. 

Section  1.  The  legislative  power  of  this  commonwealth  shall  he 
vested  in  the  general  assembly  which  shall  consist  of  a  Senate  and  a 
House  of  Representatives. 

Corrosponding  provisions   in — 

Art.  II,    soc.  1,    constitution  as  proposed. 

Election  of  Members, — Vacancies. 

Section  2.  Members  of  the  general  assembly  shall  be  chosen  at  the 
general  election  every  second  year.  Their  term  of  service  shall  begin 
on  the  first  day  of  December  next  after  their  election.  Whenever  a 
vacancy  shall  occur  in  either  House,  the  presiding  officer  thereof  shall 
issue  a  writ  of  election  to  fill  such  vacancy  for  the  remainder  of  the 
term. 

Corresponding  provisions   in — 

Art.  II,   sec.  6,   constitution  as  proposed. 

(357) 


358  REPORT  OF  THE  COMMISSION  ON 

Art.  II,  Sees.  3,  4,  5,  6,  7 

Terms  of  Members. 

Section  o.  Senators  shall  be  elected  for  the  term  of  four  years  and 
representatives  for  the  term  of  two  years. 

Part  of— 

Art.   JI.    sec.   (!,    <'onstitnti()n  as  projxjscd. 

Sessions. United  States  Senators. 

Section  4.  The  general  assembly  shall  meet  at  twelve  o'clock,  noon, 
(>n  the  tirst  Tuesday  of  January  every  second  year,  and  at  other  times 
when  convened  by  the  governor,  but  shall  hold  no  adjourned  annual 
session  after  the  year  one  thousand  eight  hundred  and  seventy-eight. 
In  case  of  u  vacancy  in  the  office  of  United  States  senator  from  this 
commonwealth,  in  a  recess  between  sessions,  the  governor  shall  con- 
vene the  two  houses,  by  proclamation  on  notice  not  exceeding  sixty 
days  to  fill  the  same. 

Corresponding   provi.sions    in — 

Art.   II,    sec.  9,    constitution  as  proposed. 

Tlio  provisions  in  the  present  constitution  following  the  words  "annual  session" 
have  been  omitted  as  obsolete. 

Qualification  of  Members. 

Section  .^.  Senators  shall  be  at  least  twenty-five  years  of  age  and 
lepresentatives  twenty-one  jears  of  age.  They  shall  have  been 
citizens  and  inhabitants  of  the  state  four  years,  and  inhabitants  of 
their  respective  districts  one  year  next  before  their  election  (unless 
absent  on  the  public  business  of  the  United  States  or  of  this  state), 
and  shall  reside  in  their  respective  districts  during  their  terms  of 
service. 

Corresponding  provisions   in — 

Art.  II,    sec.  5,    constitution  as  proposed. 

Disqualification  to  Hold  Other  Office. 

Section  0.  No  senator  or  representative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office 
under  this  conmionwealth,  and  no  member  of  Congress  or  other 
person  holding  any  office  (except  of  attorney-at-law  or  in  the  militia) 
under  the  United  States  or  this  Commonwealth  shall  be  a  member 
of  either  House  during  his  continuance  in  office. 

Corresponding  provisions   in- — 

Art.  VII,  sec.  2,   constitution  as  proposed. 

Certain  Crimes  to  Disqualify. 

Section  7.  No  person  hereafter  convicted  of  end)ezzlement  of  jmblic 
moneys,  bribery,  perjury  or  other  infamous  crime  shall  be  eligible  to 
tlie  general  assembly,  or  capable  of  liolding  any  office  of  trust  or 
l»rofit  in  this  commonwealth. 

Corresponding  provisions   in — 

Art.  VII,   sec.  3,  constitution  as  proposed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  359 

Art.  II,  Sees.  8,  9,  10,  11 

Compensation. 

Section  8.  The  lueiiihers  of  the  general  assembly  shall  receive  such 
salary  and  mileage  for  regular  and  special  sessions  as  shall  be  fixed 
by  law.  and  no  other  compensation  Miiatever,  whether  for  service  u])on 
committee  or  otherwise.  Xo  member  of  either  House  shall,  during 
the  term  for  which  he  may  have  been  elected,  receive  any  increase  of 
salary,  or  mileage,  unskn-  any  law  passed  during  such  term. 

Corresponding  provisions   in — 

Art.  II.    sec.  7,    cf)nstitiition   as  proposorl. 


Presiding  Officers. — Other  Officers. — Election  and  Qualification  of 

Members. 

Section  9.  The  Senate  shall,  at  the  beginning  and  close  of  each  regu- 
lar session  and  at  such  otlier  times  as  may  be  necessary,  elect  one  of 
its  members  president  pro  tempore,  who  shall  perform  the  duties  of 
the  Lieutenant  (lovernor,  in  any  case  of  absence  or  disability  of  that 
officer,  and  whenever  the  said  office  of  Lieutenant  Governor  shall  be 
vacant.  The  House  of  Kepresentatives  shall  elect  one  of  its  members 
as  speaker.  Each  House  shall  choose  its  other  officers,  and  shall 
judge  of  the  election  and  qualifications  of  its  members. 

Corresponding   provisions    in — 

Art.  II,  sec.  12;  Art.  II,  sec.  11,  constitution  as  proposed. 
The  definition  of  the  duties  of  the  president  pro  tempore  of  the  senate  lias 
been  omitted  because  covered  by  Article  IV,    section   14,    as  proposed. 


Quorum. 

Section  10.  A  majority  of  each  House  shall  constitute  a  quorum, 
but  a  smaller  number  may  adjourn  from  day  to  day  and  compel  the 
attendance  of  absent  members. 

Corresponding   provisions    in — 

Art.  11,   sec.  10,   constitution  as  proposed. 


Powers  of  Each  Branch. — Explusion. 

Section  11.  Each  House  shall  have  power  to  determine  the  rules  of 
its  proceedings  and  punish  its  members  or  other  persons  for  contempt 
or  disorderly  behavior  in  its  pre.sence,  to  enforce  obedience  to  its  pro- 
cess, to  protect  its  members  against  violence  or  offers  of  bribes  or 
private  solicitation,  and,  with  the  concurrence  of  two-thirds,  to  expel 
a  member,  but  not  a  second  time  for  tlie  same  cause,  and  shall  have 
all  otiier  powers  necessary  for  tlie  legislature  of  a  free  state.  A 
member  expelled  for  corrujition  shall  not  thereafter  be  eligible  to 
either  House,  and  punishment  lor  contempt  or  disorderly  behavior 
shall  not  bar  an  indictment  for  1h<'  sauie  offense. 

Corresponding  provisions   in — 

Art.  II,   sec.  11,   constitution  as  jiroposed. 


360  REPORT  OF  THE  COMMISSION  ON 

Art.  II,  Sees.  12,  13,  14,  15,  16 

Journals. — Yeas  and  Nays. 

Section  12.  Each  House  shall  keep  a  journal  of  its  proceedings  and 
from  time  to  time  publish  the  same,  except  such  parts  as  require 
secrecy,  and  the  yeas  and  nays  of  the  members  on  any  question  shall, 
at  the  desire  of  any  two  of  them,  be  entered  on  the  journal. 

Corresponding  provisions   in — 

Art.  II,   sec.  14.   constitution  as  proposed. 

Sessions  Shall  be  Open. 

Section  13.  The  sessions  of  each  House  and  of  committees  of  the 
'»vhole  shall  be  open,  unless  when  the  business  is  such  as  ought  to  be 
kept  secret. 

Corresponding  provisions   in — 

Art.  II,   sec.  15,   constitution  as  proposed. 

Adjournments. 

Section  14.  Neither  House  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  otlier  place  than  that  in 
vvluch  the  two  Houses  shall  be  sitting. 

Corresponding  provisions   in — 

Art.  II,   sec.  16,   constitution  as  proposed. 

Privileges  of  Members. 

Section  15.  The  members  of  the  general  assembly  shall  in  all  cases, 
except  treason,  felony,  violation  of  their  oath  of  office,  and  breach  of 
surety  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  the  sessions  of  their  respective  Houses,  and  in  going  to  and 
leturning  from  the  same;  and  for  any  speech  or  debate  in  either 
House  they  shall  not  be  questioned  in  any  other  place. 

Corresponding  provisions   in — 

Art.  11,    sec.  8,   constitution  as  proposed. 

Senatorial  Districts. — Ratio. 

Section  16.  They  shall  be  divided  into  fifty  senatorial  districts 
of  compact  and  contiguous  territory  as  nearly  equal  in  population  as 
may  be,  and  each  district  shall  be  entitled  to  elect  one  senator.  Each 
county  containing  one  or  more  ratios  of  population  shall  be  entitled 
to  one  senator  for  each  ratio,  and  to  an  additional  senator  for  a  sur- 
I)lus  of  population  exceeding  three-fifths  of  a  ratio,  but  no  county 
shall  form  a  separate  district  unless  it  shall  contain  four-fifths  of  a 
ratio,  except  where  the  adjoining  counties  are  each  entitled  to  one  or 
more  senators  when  such  county  may  be  assigned  a  senator  on  less 
than  four-fifths  and  exceeding  one-half  of  a  ratio ;  and  no  county  shall 
be  divided  unless  entitled  to  two  or  more  senators.  No  city  or  county 
shall  be  entitled  to  separate  representation  exceeding  one-sixth  of 
the  whole  number  of  senators.    No  ward,  borough  or  township  shall 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  361 

Art.  II,  Sees.  17,  18;  Art.  Ill,  Sec.  1 

be  divided  in  the  formation  of  a  district.  The  senatorial  ratio  shall 
be  ascertained  by  dividing  the  whole  population  of  the  state  by  the 
number  fifty. 

Correspondiug  prpvisions  in — 

Art.  II,    sec.  3,   constitution  as  proposed.* 


Representative  Districts. 

Section  17.  The  members  of  the  House  of  Kepresentatives  shall  be 
apportioned  among  the  several  counties,  on  a  ratio  obtained  by  divid- 
ing the  population  of  the  state  as  ascertained  by  the  most  recent 
United  States  census  by  two  hundred.  Every  county  containing  less 
than  five  ratios  shall  have  one  representative  for  every  full  ratio,  and 
an  additional  representative  when  the  surplus  exceeds  half  a  ratio; 
but  each  county-  shall  have  at  least  one  representative.  Every  county 
containing  five  ratios  or  more  shall  have  one  representative  for  every 
full  ratio.  Every  city  containing  a  population  equal  to  a  ratio  shall 
elect  separately  its  proportion  of  the  representatives  allotted  to  the 
county  in  which  it  is  located.  Every  city  entitled  to  more  than  four 
representatives,  and  every  county  having  over  one  hundred  thousand 
inhabitants  shall  be  divided  into  districts  of  compact  and  contiguous 
territory,  each  district  to  elect  its  proportion  of  representatives 
according  to  its  population,  but  no  district  shall  elect  more  than 
four  representatives. 

Corresponding  provisions   in — 

Art.  II,    sec.  4,    constitution  as  proposed. 


Legislative  Apportionment. 

Section  18.  The  general  assembly  at  its  first  session  after  the  adop- 
tion of  this  constitution,  and  immediately  after  each  United  States 
decennial  census,  shall  apportion  the  state  into  senatorial  and  repre- 
sentative districts  agreeably  to  the  provisions  of  the  two  next  pre- 
ceding sections. 

Corresponding  provisions   in- 
Art.  II,   sec.  2,   constitution  as  proposed. 


ARTICLE  in. 

LEGISLATION. 

Passage  of  Bills. — Change  of  Purpose. 

Section  1.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall 
be  so  altered  oi*  amended,  on  its  passage  through  either  House,  as  to 
change  its  original  purpose. 

Corresponding  provisions   in — 

Art.  Ill,   sec.  1;  Art.  Ill,   sec.  5,  constitution  as  proposed. 


362  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sees.  2,  3,  4,  5,  6,  7 

Reference  to  Committee. — Printing. 

Section  2.  Xo  bill  sliall  be  consideicd  unless  referred  'to  n  conniiit- 
tee,  returned  tberefroni,  and  printed  for  tbe  nse  of  tbe  nienibeis. 

Corresponding  provisions   in — 

Art.  Hi.   see.  2,   constitution  as  proposed. 

Subject  of  Bills.— Title. 
I 
Section  3.  No  bill  except  general  appropriation  bills  sball  be  passed 
containing  more  tban  one  subject,  ^^llich  shall  be  clearly  expressed 
in  its  title. 

Corresponding   provisions   in — 

Art.  III.   sees.  9,   10,  constitution  as  proposed. 

Three  Readings. — Amendments. — Final  Vote. 

Section  4.  Even-  bill  shall  be  read  at  length  on  three  different  days 

in  each  House ;  all  amendments  made  thereto  shall  be  printed  for  the 

use  of  the  members  before  the  final  vote  is  taken  on  the  bill,  and  no 

bill  shall  become  a  law,  unless  on  its  final  passage  the  vote  be  taken 

by  yeas  and  naj^s,  the  names  of  the  persons  voting  for  and  against 

the  same  be  entered  on  the  journal,  and  a  majority  of  the  members 

elected  to  each  House  be  recorded  thereon  as  voting  in  its  favor. 

Corresponding  provisions   in- — 

Art.  Ill,    sees.  5,    7,    constitution  as  proposed. 

Concurring  in  Amendments. — Conference  Committee  Reports. 

Section  5.  No  amendment  to  bills  by  one  House  shall  be  concurred 
in  b}^  the  other,  except  b}"  the  vote  of  a  majority  of  the  members 
elected  thereto,  taken  by  joas  and  nays,  and  the  names  of  those  voting 
for  and  against  recorded  upon  the  journal  thereof;  and  reports  of 
committees  of  conference  shall  be  adopted  in  either  House  only  by  the 
vote  of  a  majority  of  the  members  elected  thereto,  taken  bj-  yeas  and 
nays,  and  the  names  of  those  voting  recorded  upon  the  journals. 

Corresponding  provisions   in — 

Art.  Ill,   sec.  5,   constitution  as  proposed. 

Revival  and  Amendment  of  Laws. 

Section  0.  Xo  law  shall  be  revived,  amended,  or  the  provisions 
thereof  extended  or  conferred,  by  reference  to  its  title  only,  but  so 
much  thereof  as  is  revived,  amended,  extended  or  conferred  shall  be 
re-enacted  and  published  at  length. 

Corresponding   provisions   in- — • 

Art.  Ill,  sec.  11.  <'onstitntion  as  ])r(>posed. 

Special  and  Local  Legislation  Limited. 

Section  7.  The  general  assemby  shall  not  pass  any  local  or  special 
law : 

Authorizing  the  <:reation,  extension  or  impairing  of  liens: 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  3t!3 

Art.  Ill,  Sec.  7 

Kegulating  the  affairs  of  counties,  cities,  townships,  wards,  bor- 
oughs or  school  districts: 

Changing  the  names  of  persons  or  places : 
Changing  the  venne  in  civil  or  criminal  cases: 
Authorizing  the  laying  out,  opening,  altering  or  maintaining,  roads, 
highways,  streets  or  alleys: 

Relating  to  ferries  or  bridges,  or  incorporating  ferry  or  bridge 
companies,  except  for  the  erection  of  bridges  crossing  streams  which 
form  boundaries  between  this  and  any  other  state: 
Vacating  roads,  town  plats,  streets  or  alleys: 

Relating  to  cemeteries,  graveyards,  or  public  grounds  not  of  the 
state : 

Authorizing  the  adoption  or  legitimation  of  children: 
Locating  or  changing  county  seats,  erecting  new  counties  or  chang- 
ing county  lines: 

Incorporating  cities,  towns  or  villages,  or  changing  their  charters: 
For  the  opening  and  condncting  of  elections,  or  fixing  or  changing 
the  place  of  voting: 
Granting  divorces: 

Erecting  new  townships  or  boroughs,  changing  township  lines, 
borongh  limits  or  school  districts: 

Creating  offices,  or  prescribing  the  powers  and  duties  of  officers  in 
counties,  cittes.  boroughs,  townships,  election  or  school  districts: 
Changing  the  law  of  descent  or  succession : 

Regulating  the  practice  or  jurisdiction  of,  or  changing  tlie  rules  of 
evidence  in,  any  judicial  proceeding  or  inquiry  before  courts,  alder- 
men, justices  of  the  peace,  sheriffs,  commissioners,  arbitrators,  audi- 
tors, masters  in  chancery  or  other  tribunals,  or  providing  or  chang- 
ing methods  for  the  collection  of  debts,  or  the  enforcing  of  judgments, 
or  prescribing  the  effect  of  judicial  sales  of  real  estate: 

Regulating  the  fees,  or  extending  the  powers  and  duties  of  alder- 
men, justices  of  the  peace,  magistrates  or  constables: 

Regulating  the  management  of  public  schools,  the  building  or  re- 
pairing of  schoolhouses,  and  the  raising  of  money  for  such  purposes: 
Fixing  the  rate  of  interest : 

Affecting  the  estates  of  minors  or  persons  under  disability: 
Remitting   fines,   penalties  and  forfeitures,  or  refunding  moneys 
legally  paid  into  the  treasury: 

Exempting  property  from  taxation: 
Regulating  labor,  trade,  mining  or  manufacturing: 
Creating  corporations,   or  amending,   renewing  or  extending  the 
charters  thereof: 

Granting  to  any  corporation,  association  or  individual  anv  specinl 
or  exclusive  privilege  or  immunity,  or  to  any  corporation,  association 
or  individual  the  right  to  lay  down  a  railroad  track: 

Nor  shall  the  general  assembly  indirectly  enact  such  special  or 
local  law  by  the  partial  repeal  of  a  general  law :  but  laws  repealing 
local  or  special  acts  may  be  passed: 

Nor  shall  any  law  be  passed  granting  powers  or  privileges  in  any 
case  where  the  granting  of  such  powers  and  privileges  shall  have  been 


364  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sees.  8,  9,  10 

provided  for  by  general  law,  nor  where  the  courts  have  jurisdiction  to 
grant  the  same  or  give  the  relief  asked  for. 

Corrcspon(Hng   provisions   in — 

Art.  Ill,   sec.  20,  con.stitution  as  proposod. 

Tho  final  paragraph  is  omitted.  The  first  part  of  it,  through  the  words  "general 
law,"  is  covered  by  clause  (o)  as  proposed.  The  final  clause  v.as  probably 
intended  to  apply  only  to  special  benefits,  powers  and  privileges,  such,  for 
instance,  as  the  granting  of  a  divorce.  If  this  is  the  correct  interpretation  of 
the  present  provision,  it  is  superfluous  in  view  of  clause  (o)  as  proposed, 
which  forbids  a  special  law  "granting  a  benefit,    privilege  or  power." 

If  the  language  of  the  present  constitution  means  more  than  this,  the  exact 
meaning  is  not  clear.  If  it  is  intended  to  express  the  idea  that  a  general  law 
can  not  grant  a  benefit,  privilege  or  power  which  the  courts  are  empowered 
to  grant,  it  simply  repeats  the  principle  expressed  in  Article  V,  section  1, 
that  "the  judicial  power  of  the  commonwealth  is  vested"  in  the  courts  and 
can  not  therefore  be  exercised  by  the  law-making  authority.  If  it  is  intended 
to  prevent  administrative  officers  from  exercising  jurisdiction  concurrent  with 
the  courts,  it  can  apply  only  to  matters  relating  to  "the  conduct  of  elections" 
(Article  V.  section  19  as  proposed),  since  all  other  powers  of  tlic  courts 
are  necessarily  exclusive  because  either  judicial  or  appointive. 

The  Commission  have  therefore  omitted  a  provision  of  .such  doubtful  and  limite<l 
operation. 


Notice  of  Local  and  Special  Bills. 

Section  8.  No  local  or  special  bill  shall  be  passed  unless  notice  of 
the  intention  to  apply  therefor  shall  have  been  published  in  the 
locality  where  the  matter  or  the  thing  to  be  affected  ma}^  be  situated, 
which  notice  sliall  be  at  least  thirty  days  prior  to  the  introduction 
into  the  general  assembly  of  such  bill  and  in  the  manner  to  be  pro- 
vided by  law ;  the  evidence  of  such  notice  having  been  published,  shall 
be  exhibited  in  the  general  assembly,  before  such  act  shall  be  passed. 

Corresponding  provisions   in^ — 

Art.  Ill,   sec.  6,   constitution  as  proposed. 


Signing  of  Bills  by  Presiding  Officers. 

Section  J).  The  presiding  officer  of  each  House  shall,  in  the  presence 
of  the  House  over  which  he  firesides,  sign  all  bills  and  joint  resolu- 
tions passed  by  the  general  assembly,  after  their  titles  have  been 
}'ul»licly  read  immediately  before  signing;  and  the  fact  of  signin;j; 
shall  be  entered  on  the  journal. 

Corresponding   provisions   in^ — 

Art.  Ill,   sec.  8,  constitution  as  proposed. 


Officers  and  Employes. — Payments. 

Section  10.  The  general  assembly  shall  prescribe  by  law  the  num- 
bei',  duties  and  compensation  of  the  officers  and  employes  of  eacli 
House,  and  no  payment  shall  be  made  from  the  State  Treasury,  or 
be  in  any  Avay  authorized,  to  any  I'erson,  exce])t  to  an  acting  officer 
or  emploj'e  elected  or  appointed  in  pursuance  uf  law. 

Corresponding  provisions   in — 

Art.  II,  sec.  13,  constitution  "as  proposed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  365 

Art.  Ill,  Sees.  11,  12,  13,  14,  15 

Extra  Compensation  Prohibited. — Claims  Against  the  State. 

Section  11.  Ko  bill  shall  be  passed  giving  any  extra  compensation 
to  any  pnblic  officer,  servant,  employe,  agent  or  contractor,  after  serv- 
ices shall  have  been  rendered  or  contract  made,  nor  providing  for  the 
payment  of  any  claim  against  the  commonwealth  without  previous 
authority  of  law. 

Corresponding  provisions   in — 

Art.  Ill,  sec.  16,  constitution  as  pi'oposed. 

Public  Printing  and  Supplies. 

Section  12.  All  stationery,  printing,  paper  and  fuel  used  in  the 
legislative  and  other  departments  of  government  shall  be  furnished, 
and  the  printing,  binding  and  distributing  of  the  laws,  journals,  de- 
partment reports,  and  all  other  printing  and  binding,  and  the  repair- 
ing and  furnishing  the  halls  and  rooms  used  for  the  meetings  of  the 
general  assembly  and  its  committees,  shall  be  performed  under  con- 
tract to  be  given  to  the  lowest  responsible  bidder  below  such  maxi- 
mum j)rice.  and  under  such  regulation,  as  shall  be  prescribed  by  law ; 
no  member  or  officer  of  an}-  dej^artment  of  the  government  shall  be 
in  any  way  interested  in  such  contracts,  and  all  such  contracts  shall 
be  subject  to  the  approval  of  the  Governor,  Auditor  General  and 
State  Treasurer. 

Corresponding  provisions  in — 

Art.  IV,   sees.  20,   21,   constitution  as  proposed. 

Extension  of  Terms. 

Section  13.  No  law  shall  extend  the  term  of  any  public  officer,  or 
increase  or  diminish  his  salary  or  emoluments,  after  his  election  or 
appointment. 

Corresponding  provisions   in — 

Art.  VII,  sec.  5,  constitution  as  proposed. 

Revenue  Bills. 

Section  14.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Kepresentatives,  but  the  Senate  may  propose  amendments 
as  in  other  bills. 

Corresponding  provisions   in — 

Art.  III.   sec.  2,   constitution  as  proposed. 

Appropriation  Bills. 

Section  1.5.  The  general  appropriation  bill  shall  embrace  nothing 
but  appropriations  for  the  ordinaiy  expenses  of  the  executive,  legis- 
lative and  judicial  departments  of  the  commonwealth,  interest  on  the 
public  debt  and  for  public  schools ;  all  other  appropriations  shall  be 
made  by  separate  biUs,  each  embracing  but  one  subject. 

Corresponding  provisions   in — 

Art.  Ill,  sec.  12,  constitution  as  proposed. 


nm  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sees.  16,  17.  18,  19.  20 

Paying  Out  Public  Moneys. 

Section  l(i.  No  money  shall  be  paid  ont  of  the  treasniy,  except  npon 
appi-o])iiations  made  by  law,  and  on  warranl  by  tlie  ])roper  f)fti(i'i' 
in  pni'snance  thereof. 

Corresponding  pi'ovisions   in — 

Art.  VIII,   son.  10,   constitution  as  propo.sod. 


Appropriations  to  Charitable  and  Educational  Institutions. 

Section  17.  No  appropriation  shall  be  made  to  any  charitalde  or 
educational  institution  not  under  the  absolute  control  of  the  com- 
monwealth, other  than  normal  schools  established  by  law  for  the  pro- 
fessional training  of  teachers  for  the  public  schools  of  the  state,  ex- 
cept by  a  vote  of  two-thirds  of  all  the  members  elected  to  each  house. 

Corresponding  provisions   in — 

Art.  Ill,    sec.  13,   constitution  as  proposed. 
The   special   reference   to   normal   schools   has   been   omitted   because   all    normal 
.schools  are  now  under  the  absolute  conti'ol  of  the  commonwealth. 


Certain  Appropriations  Forbidden. 

Section  18.  Xo  appropriations,  except  for  pensions  or  gratuities 
for  military  services,  shall  be  made  for  charitable,  educational  or 
benevolent  purposes,  to  any  person  or  community,  nor  to  any  de- 
nominational or  sectarian  institution,  corporation  or  association. 

Corresponding  provisions   in- 
Art.  III.   sees.  14,    15.    16,   constitution  as  proposed. 


Appropriations  for  the  Support  of  Widows  and  Orphans  of  Soldiers. 

Section  11).  The  general  assembly  may  make  appropriations  of 
money  to  institutions  wherein  the  AvidoAvs  of  soldiers  are  supported 
or  assisted,  or  the  orphans  of  soldiers  are  maintained  and  educated ; 
but  such  appropriation  shall  be  applied  exclusively  to  the  support  of 
such  widows  and  orphans. 

Omitted  because  this  class  of  institutioiis  is  covered  by  Article  III     section  15, 
as  propo.sed. 


Special  Commissions  Prohibited. 

Section  20.  The  general  assembly  shall  not  delegate  to  any  special 
commission,  })rivate  corporation  or  association,  any  power  to  make, 
supervise  or  interfere  with  any  municipal  improvement,  money,  prt^>p- 
erty  or  effects,  whether  held  in  trust  or  otherwise,  or  to  levy  taxes  or 
perform  any  municipal  function  whatever. 

Corresponding  provisions   in — 

Art.  Xlli,   sec.  21,  constitution  as  pi-oi)ose(\ 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  3G7 

Art.  Ill,  Sees.  21,  22,  23,  24 

Employers'    Liability. — Workmen's    Compensation. — Damages    for 
Injuries  to  Persons  or  Property. 

t 
Section  21.  The  geneial  assembly  may  enact  laws  requiring  the 
payment  by  employers,  or  emjiloyers  and  employes  jointly,  of  reason- 
able compensation  for  injuries  to  employes  arising  in  the  course  of 
their  employment,  and  foi-  occupational  diseases  of  employes,  whether 
or  not  such  injuries  or  diseases  result  in  death,  and  regardless  of 
fault  of  employer  or  employe,  and  fixing  the  basis  of  ascertainment  of 
such  compensation  and  the  maximum  and  minimum  limits  thereof, 
and  providing  special  or  general  remedies  for  the  collection  thereof; 
but  in  not  other  cases  shall  the  general  assendily  limit  the  amount  to 
be  recovered  for  injuries  resulting  in  death,  or  for  injuries  to  persons 
or  property,  and  in  case  of  death  from  such  iujuri-es,  the  right  of  ac- 
tion shall  survive,  and  the  genei^l  assembly  shall  prescribe  for  whose 
benefit  such  actions  shall  be  prosecuted.  No  act  shall  prescribe  any 
limitations  of  time  within  which  suits  may  be  brought  against  cor- 
porations for  injuries  to  persons  or  property  or  for  other  causes, 
ditferent  from  those  fixed  by  general  laws  regulating  actions  against 
natural  persons,  and  such  acts  now  existing  are  avoided.  (Amend- 
ment of  Nov.  2,  1915.) 

Corresponding   provisions   in — 

Art.  Ill,   sec.  21;  Art.  IX,   see.  9,   constitntion  as  proposed. 


Investment  of  Tn^st  Funds. 

Section  22.  No  act  of  the  general  assembly  shall  authorize  the  in- 
vestment of  trust  funds  by  executors,  administrators,  guardians  or 
other  trustees,  in  the  bonds  or  stock  of  any  private  corporation,  and 
such  acts  now  existing  are  avoided  saving  investments  heretofore 
made. 

Corresponding  provisions   in — 

Art.  IX,   sec.  .S.    constitution  as  proposed. 


Change  of  Venue. 

Section  23.  The  power  to  change  the  venue  in  civil  and  criminal 
cases  shall  be  vested  in  the  courts,  to  be  exercised  in  such  manner 
as  shall  be  provided  by  law. 

Corresponding  provisions   in — 

Art.  V,   sec.  20,   constitution  as  proposed. 


Corporate  Obligations  Owned  by  State. 

Section  24.  No  obligation  or  liability  of  any  railroad  or  other  cor- 
poration, held  or  owned  by  the  commonwealth,  shall  ever  be  ex- 
changed, transferred,  remitted,  postponed  or  in  any  way  diminished 
by  the  general  asseml)ly,  nor  shall  such  liability  or  obligation  be  re- 
leased, except  by  payment  thereof  into  the  State  Treasury. 

Corresponding  provisions   in — 

Art.  IX,   sec.  8,   constitution  as  proposed. 


368  REPORT  OF  THE  COMMISSION  ON 

Art.  Ill,  Sees.  25,  26,  27,  28,  29 

Legislation  During  Special  Session. 

Section  25.  Wheu  the  general  assembly  shall  be  convened  in  special 
sesision,  there  shall  be  no  legislation  upon  subjects  other  than  those 
designated  in  the  proclamation  of  the  Governor  calling  such  session. 

Correspoudiug  provisions   in — 

Alt.  Ill,  sec.  25,  constitution  as  proposed. 

Concurrent  Resolutions,  &c.,  to  be  Presented  to  Executive. 

Section  20.  Every  order,  resolution  or  vote,  to  which  the  concur- 
rence of  both  Houses  may  be  necessary,  except  on  the  question  of 
adjournment,  shall  be  presented  to  the  Governor,  and  before  it  shall 
lake  eil'ect  be  approved  by  him,  or  being  disapproved,  shall  be  re- 
passed by  two-thirds  of  both  Houses,  according  to  the  rules  and 
limitations  prescribed  in  case  of  a  bill. 

Corresponding  provisions   in — 

Art.  Ill,  sec.  17,  constitution  as  proposed. 

State  Inspection  of  Merchandise  Prohibited. 

Section  27.  No  state  office  shall  be  continued  or  created  for  the 
inspection  or  measuring  of  any  merchandise,  manufacture  or  com- 
modity, but  any  county  or  municipality  may  ajjpoint  such  officers 
wheu  authorized  by  law. 

Omitted  because  obsolete. 

Change  of  Location  of  State  Capital. 

Section  28.  No  law  changing  the  location  of  the  capital  of  the  state 
shall  be  valid  until  the  same  shall  have  been  submitted  to  the  quali- 
fied elector  of  the  commonwealth  at  a  general  election  and  ratitied 
and  approved  by  them. 

Corresponding  provisions   in — 

Art.  Ill,  sec.  26,  constitution  as  proposed. 

Bribery  of  Members  of  Legislature. 

Section  29.  A  member  of  the  general  assembly  who  shall  solicit., 
demand  or  receive,  or  consent  to  receive,  directly  or  indirectly,  for 
himself  or  for  another,  from  any  company,  corporation  or  person, 
any  money,  office,  appointment,  employment,  testimonial,  reward, 
ihing  of  value  or  enjoyment,  or  of  personal  advantage,  or  promise 
thereof,  for  his  vote  or  official  influence,  or  for  withholding  the  same, 
or  with  an  understanding,  expressed  or  implied,  that  his  vote  or 
official  action  shall  be  in  any  way  influenced  thereby,  or  who  shall 
solicit  or  demand  any  such  money  or  other  advantage,  matter  or 
thing  aforesaid  for  another,  as  the  consideration  of  his  vote  or 
official  influence,  or  for  withholding  the  same,  or  shall  give  or 
Mdthhold  his  vote  or  influence  in  consideration  of  the  payment  or 
promise  of  such  money,  advantage,  matter  or  thing,  to  another,  shall 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  360 

Art.  Ill,  Sees.  30,  31,  32,  33 

be  held  guilt}^  of  bribeiy  Avitliin  the  meaning  of  this  Constitution, 
uml  shall  incur  the  disabilities  provided  thereby  for  said  offense,  and 
such  additional  punishment  as  is  or  shall  be  provided  by  law. 

Corresponding   provisions   in — • 

Art.  VII,  sec.  9,  constitution  as  pi-oposed. 

Giving  of  Bribes. 

Section  30.  Any  person  who  shall,  directly  or  indirectly,  oHer,  give 
or  promise,  any  money,  or  thing  of  value,  testimonial,  privilege  or 
personal  advantage,  to  any  executive  or  judicial  officer,  or  member 
of  the  general  assembl}',  to  influence  him  in  the  performance  of  any 
of  his  public,  or  official  duties,  shall  be  guilty  of  bribery  and  be  pun- 
ished in  such  manner  as  shall  be  provided  by  law. 

Corresponding  provisions  in^ — 

Art.  VII,  sec.  9,  constitution  as  proposed. 

Corrupt  Solicitation. 

Section  31.  The  offense  of  corrupt  solicitation  of  members  of  the 
general  assembly  or  of  public  officers  of  the  state  or  of  any  muni- 
cipal division  thereof,  and  any  occupation  or  practice  of  solicitation 
of  such  members  or  officers  to  influence  their  official  action,  shall 
be  defined  by  law  and  shall  be  punished  by  fine  and  imprisonment. 

Omitted  because  "corrupt  solicitation"  is  another  name  for  attempted  bribery. 
"Any  occupation  or  practice  of  solicitation"  is  a  repetition  of  the  same  idea. 
The  offense  of  attempting  to  bribe  a  public  servant  (taken  from  Article  III, 
sections  29  and  30  of  the  present  constitution)  is  defined  in  Article  VII, 
section  9  as  proposed  and  is  tliero  designated  as  "bribery."  It  is  unnecessary 
to  require  the  enactment  of  a  law  to  define  what  the  constitution  itself  defines. 

Investigation    of    Bribery    or    Corrupt    Solicitation. — Compulsory 
Testimony. — Disqualification  as  Punishment. 

Section  32,  Any  person  may  be  compelled  to  testify  in  any  lawful 
investigation  or  judicial  proceeding  against  any  person  who  may  be 
charged  with,  having  committed  the  ofl'ense  of  bribery  or  corrupt 
solicitation,  or  practices  of  solicitation,  and  shall  not  be  permitted 
to  withhold  his  testimou}'  upon  the  ground  that  it  may  criminate 
himself  or  subject  him  to  public  infamy;  but  such  testimony  shall 
not  afterwards  be  used  against  him  in  any  judicial  proceeding,  ex- 
cept for  perjury  in  giving  such  testimony,  and  any  person  convicted 
of  either  of  the  oflenses  aforesaid  shall,  as  part  of  the  punishment 
tiiereior,  be  disqualified  from  holding  anj  office  or  position  of  honor, 
trust  or  profit  in  this  commonwealth. 

Corresponding  provisions   in- — 

Art.  VII,  sees.  3,  9,  constitution  as  proposed. 

Member  Interested  in  Bill  not  to  Vote. 

Section  33.  A  member  who  has  a  personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  general  assembly 

24 


370  REPORT  OF  THE  COMMISSION  ON 

Art.  IV,  Sees.  1,  2,  3 

ylial]  disclose  the  fact  to  the  House  of  whicli  lie  is  a  ineiiiber,  mikI 
si' all  not  vote  thereon. 

CoiTosponding   provisions    in — 

Art.  Ill,   five.  4,   constitution  as  pi'oposi'd. 


ARTICLE  IV. 

THE  EXECUTIVE. 

Executive  Department. 

Section  1.  The  executive  department  of  this  commonwealth  shall 
consist  of  a  Governor,  Lieutenant  Governor,  Secretary  of  the  Com- 
monwealth, Attorney  General,  Auditor  General,  State  Treasurer, 
Secretary  of  Internal  Affairs,  and  a  Superintendent  of  Public  In- 
struction. 

Corresponding  provisions   in — 

Art.  IV,   see.  1,   constitution  as  proposed. 

Governor. — Election. — Returns, — Contested  Election. 

Section  2.  The  supreme  executive  power  shall  be  vested  in  the  Gov- 
ernor, who  shall  take  care  that  the  laws  be  faithfully  executed ;  he 
shall  be  chosen  on  the  day  of  the  general  election,  by  the  qualified 
electors  of  the  commonwealth,  at  the  places  where  they  shall  vote 
for  representatives.  The  returns  of  every  election  for  Governor 
shall  be  sealed  up  and  transmitted  to  the  seat  of  government,  di- 
rected to  the  president  of  the  Senate,  who  shall  open  and  publish  them 
in  the  presence  of  the  members  of  both  Houses  of  the  general  as- 
sembly. The  person  having  the  highest  number  of  votes  shall  be 
Governor,  but  if  two  or  more  be  equal  and  liighest  in  votes,  one  of 
them  shall  be  chosen  Governor  by  the  joint  vote  of  the  members  of 
both  Houses.  Contested  elections  shall  h(^.  determined  by  a  com- 
mittee, to  be  selected  from  both  Houses  of  tlie  general  assembly, 
and  formed  and  regulated  in  such -manner  as  shall  be  directed  by 
law. 

Corresponding   provisions   in — 

Art.  IV,   sees.  3,   4,  6,  constitution  as  proposed. 

Governor's  Term. 

Section  3.  The  Governor  shall  hold  his  office  during  four  years  from 
the  third  Tuesday  of  January  next  ensuing  his  election,  and  shall 
not  be  eligible  to  the  office  for  the  next  succeeding  term. 

Corresponding  provisions  in — 

Ai't.  IV,   sec.  5,   constitution  as  proposed. 


Constitutional  amendment  and  revision.  371 

Art.  IV,  Sees.  4,  5,  6,  7,  8 

Lieutenant  Governor. 

Section  4.  A  Lieutenant  Governor  shall  be  chosen  at  the  same  time, 
in  the  same  manner,  for  the  same  term,  and  subject  to  the  same 
i>rovisions  as  the  Governor;  he  shall  be  president  of  the  Senate, 
but  shall  have  no  vote  nnless  they  l>e  equally  divided. 

Corresponding  provisions  in — 

Art.  IV,   sec.  13,   constitution  as  pi-o])osed. 

Qualifications  of  Governor  and  Lieutenant  Governor. 

Section  5.  ^"o  person  shall  be  eligible  to  the  office  of  Governor  or 
Lieutenant  Governor  except  a  citizen  of  the  United  States,  who 
shall  have  attained  the  age  of  thiry  years,  and  have  been  seven 
years  next  preceding  his  election  an  inhabitant  of  the  state,  unless 
he  shall  have  been  absent  on  the  public  business  of  the  United  States 
or  of  this  State. 

Corresponding  provisions  in — 

Art.  IV,   sees.  2,   13,   constitution  as  proposed. 

Disqualifications. 

Section  6.  I^o  member  of  Congress  or  person  holding  any  office 
under  the  United  States  or  this  state  shall  exercise  the  office  of 
Governor  or  Lieutenant  Governor. 

Corresponding  provisions  in — 

Art.  VII,  sec.  2,  constitution  as  proposed. 

Military  Commander. 

Section  7.  The  Governor  shall  be  commander-in-chief  of  the  army 
and  navy  of  the  commonwealth,  and  eif  the  militia,  except  when  they 
shall  be  called  into  the  actual  service  of  the  United  States. 

Corresponding  provisions  in — 

Art.   IV,    sec.  7.    constitution  as  pro])osed. 

Appointing     Power     of     Governor. — Vacancies. — Confirmation     by 

Senate. 

Section  8.  He  shall  nominate  and,  by  and  with  the  advice  and  con- 
sent of  two-thirds  of  all  the  members  of  the  senate,  appoint  a  secre- 
tar}-  of  the  commonwealth  and  an  attorney  general  during  pleasure, 
a  superintendent  of  public  instruction  for  four  years,  and  such  other 
officers  of  the  commonwealth  as  he  is  or  may  be  authorized  by  the 
constitution  or  by  law  to  appoint;  he  shall  have  power  to  fill  all 
vacancies  that  may  happen,  in  offices  to  which  he  may  appoint,  dur- 
ing the  recess  of  the  senate,  by  granting  commissions  which  shall  ex- 
pire at  the  end  of  their  next  session ;  he  shall  have  power  to  fill  any 
vacancy  that  may  happen,  during  the  recess  of  the  senate,  in  the 
office  of  auditor  general,  state  treasurer,  secretarj^  of  internal  atfairs 
or  superiutendent  of  public  instruction,  in  a  judicial  office,  or  in  any 
other  elective  office  which  he  is  or  may  be  authorized  to  fill;  if  the 


372  REPORT  OF  THE  COMMISSION  ON 

Art.  IV,  Sees.  9,  10,  11,  12 

vacaucy  shall  happen  during  the  session  of  the  senate,  the  governor 
shall  nominate  to  the  senate,  bel'ore  their  final  adjournment,  a  proper 
person  to  till  said  vacancy;  but  in  any  such  case  of  vacancy,  in  an 
elective  ofhce,  a  person  shall  be  chosen  to  said  office  on  the  next 
election  day  appropriate  to  such  office  according  to  the  provisions  of 
this  constitution,  unless  the  vacanc}^  shall  happen  within  two  calen- 
dar months  immediately  preceding  such  election  day,  in  which  case 
the  election  for  said  office  shall  be  held  on  the  second  succeeding 
election  day  appropriate  to  such  office.  In  acting  on  executive  nomi- 
nations the  senate  shall  sit  with  open  doors,  and  in  confirming  or 
rejecting  the  nominations  of  the  governor,  the  vote  shall  be  taken  by 
yeas  and  nays  and  shall  be  entered  on  the  journal.  (Amendment  of 
xXovember  2,  1909.) 

Corrcspoudiug  provisions  in — 

Art.  IV,   sec.  8,   constitution  as  proposed. 

Pardoning  Power. 

Section  9.  He  shall  have  power  to  remit  fines  and  forfeitures,  to 
grant  reprieves,  commutations  of  sentence  and  pardons,  except  in 
cases  of  impeachment;  but  no  pardon  shall  be  granted,  nor  sentence 
commuted,  except  upon  the  recommendation  in  writing  of  the  Lieu- 
tenant Governor,  Secretary  of  the  Commonwealth,  Attorney  General 
and  Secretary  of  Internal  Affairs,  or  any  three  of  them,  after  full 
hearing,  upon  due  public  notice  and  in  open  session,  and  such  recom- 
mendation, with  the  reasons  therefor  at  length,  shall  be  recorded  and 
filed  in  the  office  of  the  Secretary  of  the  Commonwealth. 

Corresponding  provisions  in — 

Art.  IV,   sec.  9,   constitution  as  proposed. 

Information  from  Department  Officials. 

Section  10.  He  may  require  information  in  writing  from  the  officers 
of  the  executive  department,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Corresponding  provisions  in — 

Art.  IV,  sec.  10,  constitution  as  provjosed. 

Messages  to  Legislature. 

Section  11.  He  shall,  from  time  to  time,  give  to  the  general  as- 
sembly information  of  the  state  of  the  commonwealth,  and  recom- 
mend to  their  consideration  such  measures  as  he  may  judge  expedient. 

Corresponding  pri)visions  in — 

Art.  IV,  sec.  11,  constitution  as  proposed. 

Special  Sessions  of  Legislature. — Adjournments. — Special  Sessions  of 

Senate. 

Section  12.  He  ma}',  on  extraordinary  occasions,  convene  the  gen- 
eral assembly,  and  in  case  of  disagreement  between  the  two  Houses 
with  respect  to  the  time  of  adjournment,  adjourn  them  to  such  time 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  373 

Art.  IV,  Sees.  13,  14,  15 

as  he  shall  think  proper,  not  exceeding  four  months.  He  shall  have 
power  to  convene  the  Senate  in  extraordinary  session  by  proclamation 
for  the  transaction  of  executive  business. 

Corresponding  provisions  in — 

Art.  IV,  sec.  12,  constitution  as  prDposcd. 

When  Lieutenant  Governor  Shall  Act. 

Section  13.  In  case  of  the  death,  conviction  or  impeachment, 
failure  to  qualify,  resignation,  or  other  disability  of  the  Governor, 
the  powers,  duties  and  emoluments  of  the  ofjfice,  for  the  remainder  of 
the  term,  or  until  the  disability  be  removed,  shall  devolve  upon  the 
Lieutenant  Governor. 

Corresponding  provisions  in — 

Art.  IV,   sec.  14,  constitution  as  proposed. 

Vacancy  in  Office  of  Lieutenant  Governor. 

Section  14.  In  case  of  a  vacancy  in  the  office  of  Lieutenant  Gov- 
ernor, or  when  the  Lieutenant  Governor  shall  be  impeached  by  the 
House  of  Kepresentatives,  or  shall  be  unable  to  exercise  the  duties 
of  his  office,  the  powers,  duties  and  emoluments  thereof  for  the 
remainder  of  the  term,  or  until  the  disability  be  removed,  shall  de- 
volve upon  the  president  pro  tempore  of  the  Senate;  and  the  presi- 
dent pro  tempore  of  the  Senate  shall  in  like  manner  become  Gov- 
ernor if  a  vacancy  or  disability  shall  occur  in  the  office  of  Governor ; 
his  seat  as  senator  shall  become  vacant  whenever  he  shall  become 
Governor,  and  shall  be  filled  by  election  as  any  other  vacancy  in 
the  Senate. 

Corresponding  provisions  in — 

Art.  IV,  sec.  15,  constitution  as  proposed. 


Approval  of  Bills. — Veto. 

Section  15.  Every  bill  which  shall  have  passed  both  Houses  shall 
be  presented  to  the  Governor ;  if  he  approve  he  shall  sign  it,  but  if  he 
shall  not  approve  he  shall  return  it  with  his  objections  to  the  House 
in  which  it  shall  have  originated,  which  House  shall  enter  the  ob- 
jections at  large  upon  their  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  two-thirds  of  all  the  members  elected 
to  that  House  shall  agree  to  pass  the  bill,  it  shall  be  sent  with  the 
objections  to  the  other  House  by  which  likewise  it  shall  be  recon- 
sidered, and  if  approved  by  two-thirds  of  all  the  members  elected  to 
that  House  it  shall  be  a  law;  but  in  such  cases  the  votes  of  both 
Houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
members  voting  for  and  against  the  bill  shall  be  entered  on  the 
journals  of  each  House,  respectively.  If  any  bill  shall  not  be  re- 
turned by  the  Governor  within  ten  days  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he 
had  signed  it,  unless  the  general  assembly,  by  their  adjournment, 
prevent  its  return,  in  which  case  it  shall  be  a  law,  unless  he  shall 


374  REPORT  OF  THE  COMMISSION  ON 

Art.  IV,  Sees.  16,  17,  18,  19 

file  the  same  with  his  objections,  in  the  office  of  the  Secretary  of 
the  Commonwealth,  and  give  notice  thereof  by  public  proclamation 
within  thirty  days  after  such  adjournment. 

Corresponding  provisions  in — 

Ai't.  Ill,  soc.  17,  constitution  as  proposed. 

Partial  Disapproval  of  Appropriation  Bills. 

Sectioji  11).  The  Governor  shall  have  power  to  disajiprove  of  any 
item  or  items  of  any  bill  making  appropriations  of  money,  embracing 
distinct  items,  and  the  part  or  parts  of  the  bill  approved  shall  be  the 
law,  and  the  item  or  items  of  ai)propriation  disapproved  shall  be 
void,  unless  repassed  according  to  the  rules  and  limitations  pre- 
scribed for  the  passage  of  other  bills  over  the  executive  veto. 

Corresponding  provisions  in — 

Art.  Ill,  sec.  18,  constitution  as  proposed. 

Contested  Election  of  Governor  or  Lieutenant  Governor. 
Holding  Over. 

Section  17.  The  chief  justice  of  the  supreme  court  shall  preside 
upon  the  trial  of  any  contested  election  of  Governor  or  Lieutenant 
Governor  and  shall  decide  questions  regarding  the  admissibility  of 
evidence,  and  shall,  upon  request  of  the  committee,  pronounce  his 
opinion  upon  other  questions  of  law  involved  in  the  trial.  The  Gov- 
ernor and  Lieutenant  Governor  shall  exercise  the  duties  of  their 
respective  offices  until  their  successors  shall  be  duly  qualified. 

Corrosiionding  provisions  in — 

Art.  IV,  sees.  4,  5,  13.  constitution  as  proi)ost'd. 

Secretary  of  the  Commonwealth. 

Section  18.  The  Secretary  of  the  Commonwealth  shall  keep  a 
record  of  all  official  acts  and  proceedings  of  the  Governor,  and  when 
required  lay  the  same,  with  all  papers,  minutes  and  vouchers  relating 
thereto,  before  either  branch  of  the  general  assembly,  and  perform 
such  other  duties  as  may  be  enjoined  upon  him  by  law. 

Corresponding  provisions  in — 

Art.  IV,   see.  17.  constitution  as  proposed. 

Secretary  of  Internal  Affairs. 

Section  19.  The  Secretary  of  Internal  Affairs  shall  exercise  all  the 
powers  and  i)erform  all  the  duties  of  the  Surveyor  General,  subject 
to  such  changes  as  shall  be  made  by  law.  His  department  shall  em- 
l>race  a  buieau  of  industrial  statistics,  and  he  sliall  discharge  such 
duties  relating  to  corporations,  to  the  charitable  institutions,  the 
agricultural,  manufacturing,  mining,  mineral,  timber  and  other  ma- 
terial or  business  interests  of  the  state  as  may  be  prescribed  by  law. 
He  shall  annually,  and  at  such  other  times  as  may  be  required  by 
law,  make  report  to  the  general  assembly. 

Corresponding  provisions  in — 

Art.  IV,  sec.  18.  constitution  as  proposed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  375 

Art.  IV,  Sees.  20,  21,  22;  Art.  V,  Sec.  1 

Superintendent  of  Public  Instruction. 

Section  20.  The  Superintendent  of  Public  Instruction  shall  exer- 
cise all  the  powers  and  i>ert'orra  all  the  duties  of  the  superintendent 
of  common  schools,  subject  to  such  changes  as  shall  be  made  by  law. 

Omitted.  The  constitutiou  as  proyo.sed  rirovidcs  for  a  commissioner  of  education 
instead  of  a  suiierintendent  oT  jmblic  instruction.  Tlie  office  of  superintendent 
of  common  sc^hools  has  not  existed  since  1874. 


Terms  of  Executive  Department  Officers. — Ineligibility  to 

Re-election. 

Section  21.  The  terms  of  the  secretary  of  internal  affairs,  the 
auditor  general,  and  the  state  treasurer  shall  each  be  four  years; 
and  they  shall  be  chosen  by  the  qualified  electors  of  the  state  at  gen- 
eral elections,  but  a  state  treasurer,  elected  in  the  year  one  thousand 
nine  hundred  and  nine,  shall  serve  for  three  years,  and  his  successors 
shall  be  elected  at  the  general  election  in  the  year  one  thousand  nine 
hundred  and  twelve  and  in  every  fourth  year  thereafter.  No  person 
elected  to  the  office  of  auditor  general  or  state  treasurer  shall  he 
capable  of  holding  the  same  office  for  two  consecutive  terms.  (Amend- 
ment of  November  2  1909.) 

Corresponding  provisions  in — 

Art.  IV,  sec.  19,  constitution  as  proposed. 


Seal. — Commissions. 

Section  22.  The  present  great  seal  of  Pennsylvania  shall  be  the 
seal  of  the  state.  All  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  Commonwealth  of  Pennsylvania,  and  be  sealed  with 
the  state  seal  and  signed  by  the  Governor. 

Corresponding  provisions  in — 

Art.  IV.   sec.  22,   constitution  as  proposed. 


ARTICLE  V. 

THE  JUDICIARY. 

Judicial  Power. 


Section  1.  The  judicial  power  of  this  commonwealth  shall  be 
vested  in  a  supreme  court,  in  courts  of  common  pleas,  courts  of  oyer 
and  terminer  and  general  jail  delivery,  courts  of  quarter  session  of 
the  jeace,  orphans  court,  magistrates  courts  and  in  such  other  courts 
as  the  general  assembly  may  from  time  to  time  establish. 

Corresponding  provisions  in  — 

Art.   ''^ ,    sec.   1.    constitution   as    proposed. 


37G  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sees.  2,  3,  4,  5 

Supreme  Court. 

Section  2.  The  supreme  court  shall  consist  of  seven  judges,  who 
shall  be  elected  by  the  qualified  electors  of  the  state  at  large.  They 
shall  hold  their  offices  for  the  term  of  twenty-one  years,  if  they  so 
long  behave  themselves  well,  but  shall  not  be  again  eligible.  The 
judge  whose  commission  shall  first  expire  shall  be  chief  justice,  and 
thereafter  each  judge  whose  commission  shall  first  expire  shall  in 
turn  be  chief  justice. 

Corresponding  provisions  in — 

Art.  V,    sec.  2,    constitution  as  proposed. 


Jurisdiction  of  Supreme  Court. 

Section  8.  The  jurisdiction  of  the  supreme  court  shall  extend  over 
the  state,  and  the  judges  thereof  shall,  by  virtue  of  their  offices,  be 
justices  of  oyer  and  terminer  and  general  jail  delivery  in  the  several 
counties ;  thej'^  shall  have  original  jurisdiction  in  cases  of  injunction 
where  a  corporation  is  a  party  defendant,  of  habeas  corpus,  of  man- 
damus to  courts  of  inferior  jurisdiction,  and  of  quo  warranto  as  to 
all  officers  of  the  commonwealth  whose  jurisdiction  extends  over  the 
state,  but  shall  not  exercise  any  other  original  jurisdiction;  they 
shall  have  appellate  jurisdiction  by  appeal,  certiorari  or  writ  of 
error  in  all  cases,  as  is  now  or  may  hereafter  be  provided  by  law. 

Corresponding  provisions  in — 

Art.   V,    sec.  3,    constitution   as  proposeil. 


Common  Pleas  Courts. 

Section  4.  Until  otherwise  directed  by  law,  the  courts  of  common 
pleas  shall  continue  as;  at  present  established,  except  as  herein 
changed ;  not  more  than  four  counties  shall,  at  any  time,  be  included 
in  one  judicial  district  organized  for  said  courts. 

Corjesponding  provisions  in — 

Art.  V.  sees.  7,   8,  constitution  as  proposed. 


Judicial  District. — Associate  Judges. 

Section  5.  Whenever  a  county  shall  contain  forty  thousand  in- 
habitants it  shall  constitute  a  separate  judicial  district,  and  shall 
elect  one  judge  learned  in  the  law ;  and  the  general  assembly  shall 
provide  for  additional  judges,  as  the  business  of  the  said  districts 
may  require.  Counties  containing  a  population  less  than  is  sufficient 
to  constitute  separate  districts  shall  be  formed  into  convenient  single 
districts,  or,  if  necessary,  may  be  attached  to  contiguous  districts 
as  the  general  assembly  may  provide.  The  office  of  associate  judge, 
not  learned  in  the  law,  is  abolished  in  counties  forming  separate  dis- 
tricts; but  the  several  associate  judges  in  office  when  this  constitu- 
tion shall  be  adopted  shall  serve  for  their  unexpired  terms. 

Corresponding  provisions  in — 

Art.  V,  sees.  7,  8,  constitution  as  proposed. 


CONSTITUTIONAL  AMENDMENT  AND   REVISION.  377 

Art.  V,  Sees.  6,  7 
Courts  of  Common  Pleas  of  Philadelphia  and  Allegheny  Counties. 

Section  6.  In  the  county  of  Philadelphia  all  the  jurisdiction  and 
powers  now  vested  in  the  district  courts  and  courts  of  common  pleas, 
subject  to  such  changes  as  may  be  made  by  this  constitution  or  by 
law,  shall  be  in  Philadelphia  vested  in  five  distinct  and  separate 
courts  of  equal  and  co-ordinate  jurisdiction,  composed  of  three  judges 
each.  The  said  courts  in  Philadelphia  shall  be  designated  respectively 
as  the  court  of  common  pleas  number  one,  number  two,  number  three, 
number  four,  and  number  five,  but  the  number  of  said  courts  may  be 
by  law  increased  from  time  to  time,  and  shall  be  in  like  manner  desig- 
nated by  successive  numbers.  The  number  of  judges  in  any  of  said 
courts,  or  in  any  county  where  the  establishment  of  an  additional 
court  may  be  authorized  by  law,  may  be  increased,  from  time  to 
time,  and  whenever  such  increase  shall  amount  in  the  whole  to  three, 
such  three  judges  shall  compose  a  distinct  and  separate  court  as 
aforesaid,  which  shall  be  numbered  as  aforesaid.  In  Philadelphia 
all  suits  shall  be  instituted  in  the  said  courts  of  common  pleas  with- 
out designating  the  number  of  the  said  court,  and  the  several  courts 
shall  distribute  and  apportion  the  business  among  them  in  such  man- 
ner as  shall  be  provided  by  the  rules  of  court,  and  each  court,  to 
which  any  suit  shall  be  thus  assigned,  shall  have  exclusive  jurisdic- 
tion thereof,  subject  to  change  of  venue,  as  shall  be  provided  by  law. 

In  the  county  of  Allegheny  all  the  jurisdiction  and  powers  now 
vested  in  the  several  numbered  courts  of  common  pleas  shall  be  vested? 
in  one  court  of  common  pleas  composed  of  all  the  judges  in  commis- 
sion in  said  courts.  Such  jurisdiction  and  powers  shall  extend  to 
all  proceedings  at  law  and  in  equity  which  shall  have  been  instituted 
in  the  several  numbered  courts,  and  shall  be  subject  to  such  changes 
as  may  be  made,  by  law,  and  subject  to  change  of  venue  as  provided 
by  law. 

The  president  judge  of  said  court  shall  be  selected  as  provided  by 
law.  The  number  of  judges  in  said  court  may  be  by  law  increased 
from  time  to  time.  This  amendment  shall  take  effect  on  the  first  day 
of  January  succeeding  its  adoption.  (Amendment  of  November  7, 
1911.) 

Omitted.      Artide    V.    soction    10    of    the    constitution    as    proposed    recommends 
the  consolidation  of  the  courts  of  common  pleas  in  Philadelphia. 

Prothonotary   of   Philadelphia    County. — Salaries. — Fees. — Dockets. 

Section  7.  For  Philadelphia  there  shall  be  one  prothonotary's 
office,  and  one  prothonotary  for  all  said  courts,  to  be  appointed  by 
the  judges  of  said  courts,  and  to  hold  office  for  three  years,  subject 
to  removal  by  a  majority  of  the  said  judges;  the  said  prothonotary 
shall  appoint  such  assistants  as  may  be  necessary  and  authorized  by 
said  courts;  and  he  and  his  assistants  shall  receive  fixed  salaries,  to 
be  determined  by  law  and  paid  by  said  county;  all  fees  collected  in 
said  office,  except  such  as  may  be  by  law  due  to  the  commonwealth, 
shall  be  paid  by  the  prothonotrry  into  the  county  treasury.  Each 
court  shall  have  its  separate  dov  kets,  except  the  judgment  docket, 
which  shall  contain  the  judgments  find  liens  of  all  the  said  courts,  as 
is  or  may  be  directed  by  law. 

Corresponding  provisions  in — 

Art.  XIII,  sec.  12,  constitution  as  proposed. 


378  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sees.  8,  9,  10,  11 

Criminal  Courts  in  Philadelphia  and  Allegheny  Counties. 

Section  8.  The  said  courts  in  the  counties  of  I'hiladelphia  and 
Allegheny,  respectively,  shall,  from  time  to  time,  in  turn  detail  one 
or  more  of  their  judges  to  hold  the  courts  of  oyer  and  terminer  and  tiie 
courts  of  quarter  sessions  of  the  peace  of  said  counties,  in  such  man- 
ner as  may  be  directed  by  law. 

Omitted.  This  section  was  inserted  in  tlie  constitution  of  1874  because  of  the 
several  numbered  courts  of  common  >)ieas  in  the  counties  of  Philadelphia  and 
of  Allegheny.  These  numbered  courts  have  been  abolished  in  Allegheny  and 
are  now  recommended  to  be  abolished  in  Piiiladelphia  :  hence  the  section  is 
no    longer    needed. 


Powers  of  Judges  of  Common  Pleas  Courts. 

Section  9.  Judges  of  the  courts  of  common  pleas  learned  in  the 
law  shall  be  judges  of  the  courts  of  oyer  and  terminer,  quarter  ses- 
sions of  the  peace  and  general  jail  delivery,  and  of  the  orphans'  court, 
and  within  their  respective  districts  shall  be  justices  of  the  peace 
as  to  criminal  matters. 

Correspouding  provisions  in- 
Art.  Vj'secs.  i),  11,  12,  constitution  as  proposed. 


Certiorari  to  Courts  Not  of  Record. 

Section  10.  The  judges  of  the  courts  of  common  pleas,  within 
their  respective  counties,  shall  have  power  to  issue  writs  of  certiorari 
to  justices  of  the  peace  and  other  inferior  courts  not  of  record,  and 
to  cause  their  proceedings  to  be  brought  before  them,  and  right  and 
justice  to  be  done. 

Corresponding  provisions  in — 

Art.   V,   sec.  9,    constitution  as  proposed. 


Justices  of  the  Peace. — Aldermen. — Term. — Residence. — Number. 

Section  11.  Except  as  otherwise  provided  in  this  constitution, 
justices  of  the  peace  or  aldermen  shall  be  elected  in  the  several  wards, 
districts,  boroughs  and  townships,  by  the  qualitied  electors  thereof, 
at  the  municipal  election,  in  such  manner  as  shall  be  directed  by  law, 
and  shall  be  commissioned  by  the  governor  for  a  term  of  six  years. 
No  township,  ward,  district  or  borough  shall  elect  more  than  two 
justices  of  the  peace  or  aldermen  without  the  consent  of  a  majority 
of  the  qualitied  electors  within  such  township,  ward  or  borough;  no 
person  shall  be  elected  to  such  office  unless  he  shall  have  resided 
within  the  township,  borough,  ward  or  district  for  one  year  next 
preceding  his  election.  In  cities  containing  over  fifty  thousand  in- 
habitants, not  more  than  one  alderman  shall  be  elected  in  each  Avard 
or  district.     (Amendment  of  November  2,  1!)01).j 

Corresponding  provisions  in — 

Art.  V,  sec.  13;  Art.  VII,  sec.  1,   constitution  as  proposed. 


CONSTITUTIONAL  AMENDMENT  AND   REVISION.  379 

Art.  V,  Sees.  12,  13,  14,  15 

Magistrates'  Courts  in  Philadelphia. — Election. — Term. — Salaries. — 

Jurisdiction. 

Section  12.  In  Philadel}>hia  there  shall  be  established,  for  each 
thirty  thousand  inhabitants,  one  court,  not  of  record,  of  police  and' 
civil  causes,  with  jurisdiction  not  exceeding  one  hundred  dollars  ;  such 
courts  shall  be  held  by  magistrates  whose  term  of  office  shall  be  six 
years  and  they  shall  be  elected  on  general  ticket  at  the  municipal 
election,  by  the  qualified  voters  at  large;  and  in  the  election  of  the 
said  magistrates  no  voter  shall  vote  for  more  than  two-thirds  of  the 
number  of  persons  to  be  elected  when  more  than  one  are  to  be  chosen ; 
they  shall  be  compensated  only  by  fixed  salaries  to  be  paid  by  said 
county;  and  shall  exercise  such  jurisdiction,  civil  and  criminal,  ex- 
cept as  herein  provided,  as  is  now  exercised  by  aldermen,  subject  to 
such  changes,  not  involving  an  increase  of  civil  jurisdiction  or  con- 
ferring political  duties,  as  may  be  made  by  law.  In  Philadelphia  the 
office  of  aldermen  is  abolished.     (Amendment  of  November  2,  1909.) 

Correspondiug  provisions  in — 

Art.  V,   sec.  14,   constitution  as  proposed. 


Disposition  of  Fines,  Fees,  Etc. 

Section  lo.     All  fees,  tines  and  penalties  in  said  courts  shall  be 
paid  into  the  county  treasury. 

Corrcsijondin;,  prf)\isioiis  in — 

Art.  V.   sees.  11,   12,   constitution  as  proposed. 


Appeal  from  Summary  Conviction. 

Section  14.  In  all  cases  of  summary  conviction  in  this  common- 
wealth, or  of  judgment  in  suit  for  a  penalty  before  a  magistrate,  or 
court  not  of  record,  either  party  may  appeal  to  such  court  of  record 
as  msij  be  prescribed  by  law,  upon  allowance  of  the  aiDpellate  court 
or  judge  thereof  upon  cause  shown. 

Corresponding  provisions  in — 

Art.  V,   sec.  22,   constitution  as  proposed. 


Election  of  Judges. — Term. — Removal. 

Section  15.  All  judges  required  to  be  learned  in  the  law,  except 
the  judges  of  the  supreme  court,  shall  be  elected  by  the  qualified 
electors  of  the  respective  districts  over  which  they  are  to  preside,  and 
shall  hold  their  offices  for  the  period  of  ten  years,  if  they  shall  so 
long  behave  themselves  well;  but  for  any  reasonable  cause,  which 
shall  not  be  sufficient  ground  for  impeachment,  the  governor  may 
remove  any  of  them  on  the  address  of  two-thirds  of  each  house  of 
the  general  assembly'. 

Corresponding  provisions  in — 

Art.  V,    sees.  5,   8.    12.    14;  Art.  VII.    sec.  7.    constitution   as  proposed. 


380  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sees.  16,  17,  18,  19,  20 

Voting  for  Supreme  Court  Judges. 

Section  16.    Whenever  two  judges  of  the  supreme  court  are  to  be 
chosen  for  the  same  term  of  service  each  voter  shall  vote  for  one  only, 
-and  when  three  are  to  be  chosen  he  shall  vote  for  no  more  than  two ; 
candidates  highest  in  vote  shall  be  declared  elected. 

Omitted,    because  the   Commission   believe  that   this  haphazard  way  of  securing 
-    minority  representation  is  not  desirable. 

Priority  of  Commission. 

Section  17.  Should  any  two  or  more  judges  of  the  supreme  court, 
or  any  two  or  more  judges  of  the  court  of  common  pleas  for  the  same 
district  be  elected  at  the  time,  they  shall,  as  soon  after  the  elec- 
tion as  convenient,  cast  lots  for  j)riority  of  commission,  and  certify 
the  result  to  the  Governor,  who  shall  issue  their  commissions  in  ac- 
cordance therewith. 

Corresponding  provisions  in — 

Art.   V^,   sec.  16,   constitution  as  proposed. 

Compensation  of  Judges. 

Section  18.  The  judges  of  the  supreme  court  and  the  judges  of 
the  several  courts  of  common  pleas,  and  all  other  judges  required 
to  be  learned  in  the  law,  shall  at  stated  times  receive  for  their 
services  an  adequate  compensation,  which  shall  be  fixed  by  law,  and 
paid  by  the  state.  They  shall  receive  no  other  compensation,  fees, 
or  perquisites  of  office  for  their  services  from  any  source,  nor  hold 
any  other  office  of  profit  under  the  United  States,  this  state  or  any 
other  state. 

Corresponding  provisions  in — 

Art.  V,  sec.  18;  Art.  VII,  sec.  2,  constitution  as  proposed. 


Residence  of  Judges. 

Section  19.  The  judges  of  the  supreme  court  during  their  continu- 
ance in  office  shall  reside  within  this  commonwealth;  and  the  other 
judges  during  their  continuance  in  office  shall  reside  within  the  dis- 
tricts for  which  they  shall  be  respectively  elected. 

Corresponding  provisions  in — 

Art.  V,   sec.  17,   constitution  as  proposed. 

Chancery  Powers. 

Section  20.  The  several  courts  of  common  pleas,  besides  the  powers 
herein  conferred,  shall  have  and  exercise  within  their  respective  dis- 
tricts, subject  to  such  changes  as  may  be  made  by  law,  such  chancery 
powers  as  are  now  vested  by  law  in  the  several  courts  of  common 
pleas  of  this  commonwealth,  or  as  may  hereafter  be  conferred  upon 
them  by  law. 

Corresponding  provisions  in — 

Art.-  V,    sec.  9,    constitution  as  proposed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  381 

Art.  V,  Sees.  21,  22,  23,  24 

Duties  of  Judges. — Nisi  Prius  Courts. — Supreme  Court  Judges. 

{Section  21.  No  duties  shall  be  imposed  by  law  upon  the  supreme 
court  or  any  of  the  judges  thereof,  except  such  as  are  judicial,  nor 
shall  any  of  the  judges  thereof  exercise  any  power  of  appointment 
except  as  herein  jprovided.  The  court  of  nisi  prius  is  hereby  abolished, 
and  no  court  of  original  jurisdiction  to  be  presided  over  b^'  any  one 
or  more  of  the  judges  of  the  supreme  court  shall  be  established. 

Correspondiug  provisions  in- 
Art.  V,   sec.  19,   constitution  as  proposed. 


Orphan's  Court. 

Section  22.  In  ever}'  county  wherein  the  population  shall  exceed 
one  hundred  and  fifty  thousand  the  general  assembly  shall,  and  in 
any  other  county  may,  establish  a  separate  orphans'  court  to  consist 
of  one  or  more  judges  who  shall  be  learned  in  the  law,  which  court 
shall  exercise  all  the  jurisdiction  and  powers  now  vested  in  or  which 
may  hereafter  be  conferred  upon  the  orphans'  court,  and  thereupon 
the  jurisdiction  of  the  judges  of  the  court  of  common  pleas  within 
such  county  in  orphans'  court  proceedings  shall  cease  and  determine. 
In  any  county  in  which  a  separate  orphans'  court  shall  be  established 
the  register  of  wills  shall  be  clerk  of  such  court  and  subject  to  its  di- 
rections in  all  matters  pertaining  to  his  office;  he  may  appoint  as- 
sistant clerks,  but  only  with  'the  consent  and  approval  of  said  court. 
All  accounts  filed  with  him  as  register  or  as  clerk  of  the  said  separate 
orphans'  court  shall  be  audited  by  the  court  without  expense  to 
parties,  except  where  all  parties  in  interest  in  a  pending  proceeding 
shall  nominate  an  auditor  whom  the  court  may,  in  its  discretion,  ap- 
point. In  every  county  orphans'  courts  shall  possess  all  the  powers 
and  jurisdiction  of  a  register's  court,  and  separate  registers'  courts 
are  hereby  abolished. 

Corresponding  provisions  in — 

Art.  V,  sec.  12,   constitution  as  proposed. 


Style  of  Process. — Indictments. 

Section  23.  The  style  of  all  process  shall  be  "The  Commonwealth 
of  Pennsylvania."  All  prosecutions  shall  be  carried  on  in  the  name 
and  by  the  authority  of  the  Commonwealth  of  Pennsylvania,  and  con- 
clude "against  the  peace  and  dignity  of  the  same." 

Corresponding  provisions  in — 

Art.  V,   sec.  23,   constitution  as  proposed. 

Appeals  to  Supreme  Court  in  Criminal  Cases. 

Section  24.  In  all  cases  of  felonious  homicide,  and  in  such  other 
criminal  cases  as  may  be  provided  for  by  law,  the  accused,  after 
conviction  and  sentence,  may  remove  the  indictment,  record  and  all 
proceedings,  to  the  supreme  court  for»a'eview. 

Corresponding  provisions  in — 

Art.  V,   sec.  21,   constitution  as  proposed. 


•'582  REPORT  OF  THE  COMMISSION  ON 

Art.  V,  Sees.  25,  26,  27;  Art.  VI,  Sees.  1,  2 

Vacancies  and  Courts  of  Record. 

Section  25.  Any  vacancy  happening  by  death,  resignation  or  other- 
wise, in  any  court  of  record,  shall  be  filled  by  appointment  by  the 
Governor,  to  continue  till. the  first  Monday  of  January  next  succeed- 
ing the  first  general  election,  which  shall  occur  three  or  more  months 
after  the  happening  of  such  vacancy. 

Corrospoiidiiig  provi-sions  in — 

Art.  IV,   see.  8,   constitution  as  proposed. 

Uniform  Laws  for  Courts. — Certain  Courts  Prohibited. 

Section  26.  All  laws  relating  to  courts  shall  be  general  and  of 
uniform  operation,  and  the  organization,  jurisdiction  and  powers  of 
all  courts  of  the  same  class  or  grade,  so  far  as  regulated  by  law,  and 
the  force  and  effect  of  the  process  and  judgments  of  such  courts,  shall 
be  uniform  ;  and  the  general  asseuddy  is  hereby  prohibited  from  creat- 
ing other  courts  to  exercise  the  powers  vested  by  tliis  (Vtnstitution  in 
the  judges  of  the  courts  of  common  ydeas  and  orphans'  courts. 

Corrpsi)oiu1Jng  pi'ovisions  in — ■ 

Art.  Ill,   sec.  20,   clause   (g) ,   constitution  as  proposed. 

Litigants  May  Dispense  With  Jury  Trial. 

Section  27.  The  parties  by  agreement  filed,  may  in  any  civil  case 
dispense  with  trial  by  jury,  and  submif  the  decision  of  such  case  to 
the  court  having  jurisdiction  thereof,  and  such  court  shall  hear  and 
determine  the  same;  and  the  judgment  thereon  shall  be  subject  to 
writ  of  error  as  in  other  cases. 

Corresponding  pro\asions  in — 

Art.  V,    sec.  24,    constitution  as  proposed. 


ARTICLE  VI. 

IMPEACHMENT  AND  REMOVAL  FROM  OFFICE. 

Power  of  Impeachment. 

Section  1.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeachment. 

Corresi)onding  provisions  in — 

Art.  VII,    sec.  (\.   constitution  as  proposed. 

Trials  of  Impeachment. 

Section  2.  All  impeachments  shall  be  tried  by  the  Senate;  when 
sitting  for  that  purpose  the  senators  shall  be  upon  oath  or  affirma- 
tion; no  person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  preset. 

Corresponding  provisions  in — 

Art.  VII,   sec.  0,   constitution  as  proposed. 


CONSTITUTIONAL  AMENDMENT  AND   REVISION.  383 

Art.  VI,  Sees.  3,  4;  Art.  VII,  Sec.  1  ^ 

Officers  Liable  to  Impeachment. — Judgment. 

Section  3.  The  Governor  and  all  other  civil  officers  shall  be  liable 
(o  impeachment  for  any  misdemeanor  in  office,  bnt  jndgment  in  snch 
cases  shall  not  extend  further  than  to  removal  from  office  and  dis- 
qualification to  hold  any  office  of  trust  or  profit  under  this  common- 
wealth ;  the  person  accused,  whether  convicted  or  acquitted,  shall 
nevertheless  be  liable  to  indictment,  trial,  Judgment  and  punishment 
according  to  law. 

Corresponding  provisions  in — 

Art.  VII,   sees.  3,  6,  constitution  as  proposed. 

Tenure  of  Office. — Removals  from  Office. 

Section  4,  All  officers  shall  hold  their  offices  on  the  condition  that 
they  behave  themselves  well  while  in  office  and  shall  be  removed  on 
conviction  of  misbehavior  in  office,  or  of  any  infamous  crime.  Ap- 
pointed officers,  other  than  judges  of  the  courts  of  record  and  the 
superintendent  of  public  instruction,  may  be  removed  at  the  pleasure 
of  the  power  by  Avhich  they  shall  have  been  appointed.  All  officers 
elected  by  the  people,  except  governor,  lieutenant-governor,  members 
of  the  general  assembly  and  judges  of  the  courts  of  record  learned 
in  the  law,  shall  be  removed  by  the  governor  for  reasonable  cause, 
after  due  notice  and  full  hearing,  on  the  address  of  two-thirds  of 
the  senate. 

Corresponding  provisions  in — 

Art.  VII,   sec.  7,  constitution  as  proposed. 


ARTICLE  VII. 
OATH  OF  OFFICE. 

Official  Oath. — How  Administered. 

Section  1.  Senators  and  representatives  and  all  judicial,  state  and 
county  officers  shall,  before  entering  on  the  duties  of  their  respective 
offices,  take  and  subscribe  the  following  oath  or  affirmation:  "I  do 
solemnly  swear  (or  affirm)  that  1  will  support,  obey  and  defend  the 
Constitution  of  the  United  States  and  the  Constitution  of  this  Com- 
monwealth;  and  that  I  will  discharge  the  duties  of  my  office  with 
fidelity ;  that  T  have  not  paid  or  contributed,  or  promised  to  pay  or 
contribute,  either  directly  or  indirectly,  any  money  or  other  valuable 
thing  to  procure  my  nomination  or  election  (or  appointment),  ex- 
cept for  necessary  and  proper  expenses  expressly  authorized  by  law ; 
that  I  have  not  knowingly  violated  any  election  law  of  this  common- 
wealth, or  procured  it  to  be  done  by  others  in  my  behalf;  that  I  will 
not  knowingly  receive,  directly  or  indirectly,  any  money  or  other 
valuable  thing  for  the  performance  or  non-performance  of  any  act  or 
dutv  pertaining  to  niv  office,  other  than  the  compensation  allowed 
bv  law." 


384  REPORT  OF  THE  COMMISSION  ON 

Art.  VIII,  Sees.  1,  2 

The  foregoing  oath  shall  be  administered  by  some  person  author- 
ized to  administer  oaths,  and  in  the  case  of  state  officers  and  judges 
of  the  supreme  court,  shall  be  tiled  in  the  office  of  the  Secretary  of 
the  Commonwealth,  and  in  the  case  of  other  judicial  and  county 
officers,  in  the  office  of  tlie  prothonotary  of  the  county  in  which 
the  same  is  taken;  any  person  refusing  to  take  said  oath  or  affirma- 
1i(m  shall  forfeit  his  office;  and  any  person  who  shall  be  convicted 
of  having  sworn  or  affirmed  falselj',  or  of  having  violated  said  oath 
or  affirmation,  shall  be  guilt}'  of  perjury,  and  be  forever  disqualified 
from  holding  any  office  of  trust  or  profit  within  this  commonwealth. 
The  oath  to  the  members  of  the  Senate  and  House  of  Kepresentatives 
shall  be  administered  by  one  of  the  judges  of  the  supreme  court  or 
of  a  court  of  common  pleas,  learned  in  the  law,  in  the  hall  of  the 
House  to  which  the  members  shall  be  elected. 

Corresponding  provisions  in — 

Art.  VII,   s:ecs.  3,  4,  constitution  as  proposed. 


ARTICLE  VIII. 

SUFFRAGE  AND  ELEiCTIONS. 

Qualification  of  Electors. 

Section  1.  Every  male  citizen  of  twenty-one  years  of  age,  possess- 
ing the  following  qualifications,  shall  be  entitled  to  vote  at  all  elec- 
tions, subject  however  to  such  laws  requiring  and  regulating  the 
registration  of  electors  as  the  general  assembly  may  enact' 

1.  He  shall  have  been  a  citizen  of  the  United  States  at  least  one 
month. 

2.  He  shall  have  resided  in  the  state  one  year  (or,  having  pre- 
viously been  a  qualified  elector  or  native  born  citizen  of  the  state, 
he  shall  have  removed  therefrom  and  returned,  then  six  months), 
immediately  preceding  the  election. 

3.  He  shall  have  resided  in  the  election  district  where  he  shall 
offer  to  vote  at  least  two  months  immediately  preceding  the  election. 

4.  If  twenty-two  years  of  age  and  upwards,  he  shall  have  paid 
within  two  years  a  state  or  county  tax,  which  shall  have  been  assessed 
at  least  two  months  and  paid  at  least  one  month  before  the  election. 
'Amendment  of  November  .5,  1901.) 

Corresponding  provision.s  in^ — ■ 

Art.  VI,   sec.  1,   constitution  as  proposed. 

General  Elections. 

Section  2.  The  general  election  shall  be  held  biennially  on  the 
Tuesday  next  following  the  first  Monday  of  November  in  each  even- 
numbered  year,  but  the  general  assembly  may  by  law  fix  a  different 


CONSTITUTIONAL  AMENDMENT  AND   REVISION.  ^^85 

Art.  VIII,  Sees.  3,  4,  5,  6 

day,  two-thirds  of  all  the  ineinbers  of  each  House  consenting  thereto; 
provided,  that  such  election  shall  always  be  held  in  an  even-num- 
bered year. 

Corresponding  provisions  in — 

Art.  VI,    sec.  9,   constitution  as  proposed. 

Municipal  Elections. — Election  of  Judges  and  County  Officers. 

Section  3.  All  judges  elected  by  the  electors  of  the  state  at  large 
may  be  elected  at  either  a  general  or  municipal  election,  as  circum- 
stances may  require.  All  elections  for  judges  of  the  courts  for  the 
several  judicial  districts,  and  for  county,  city,  ward,  borough  and 
township  officers,  for  regular  terms  of  service,  shall  be  held  on  the 
municipal  election  day;  nainely  the  Tuesday  next  following  the  first 
Monday  of  November  in  each  odd-numbered  year,  but  the  general  as- 
sembly may  by  law  fix  a  different  day,  tw-o-thirds  of  all  the  members 
of  each  House  consenting  thereto;  provided,  that  such  election  shall 
be  held  in  an  odd-numbered  year;  provided  further,  that  all  judges  for 
the  courts  of  the  several  judicial  districts  holding  ofSce  at  the  present 
time,  whose  terms  of  office  may  end  in  an  odd-numbered  year,  shall 
continue  to  hold  their  offices  until  the  first  Monday  of  January  in  the 
next  succeeding  even  numbered  year. 

Corresponding  provisions  in — 

Art.  VI,   sec.  9;  Art.  VII,    sec.  1,   constitution  as  proposed. 

The  final  clause,  beginning  with  the  words  "provided  further"  are  omitted.  Since 
a  new  constitution  can  not  go  into  effect  before  January  1,  192.3,  and  since 
the  terms  of  all  judges  of  any  judicial  district  in  office  November  2,  1913,  will 
have  expired  before  that  time,    this  part  of  the  section  would  be  obsolete. 


Method  of  Conducting  Elections. — Secrecy. 

Section  4.  All  elections  by  the  citizens  shall  be  by  ballot  or  by  such 
other  method  as  may  be  prescribed  by  law;  provided,  that  secrecy 
in  voting  be  preserved. 

Corresponding  provisions  in — 

Art.  VI,   sec.  10,  constitution  as  proposed. 


Privileges  of  Electors. 

Section  5.  Electors  shall  in  all  cases  except  treason,  felony  and 
breach  or  surety  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  on  elections,  and  in  going  to  and  returning  therefrom. 

Corresponding  provisions  in —  dt 

Art.  VI,    sec.  4,    constitution  as  projjosed. 


Voting  When  Engaged  in  Military  Service. 

Section  6.  Whenever  any  of  the  qualified  electors  of  this  common- 
wealth shall  be  in  actual  military  service,  under  a  requisition  from 
the  President  of  the  United  States  or  by  the  authority  of  this  com- 
monwealth, such  electors  may  exercise  the  right  of  suffrage  in  all 

25 


386  REPORT  OF  THE  COMMISSION  ON 

Art.  VIII,  Sees.  7,  8,  9,  10 

elections  by  the  citizens,  under  such  regulations  as  are  or  shall  be 
prescribed  by  law,  as  fully  as  if  they  were  present  at  their  usual 
places  of  election. 

Corresponding  provisions  in — 

Art.  VI,   sec.  3,   constitution  as  proposed. 


Registration  of  Electors. — Uniformity  of  Election  Laws. 

Section  7.  All  laws  regulating  the  holding  of  elections  by  the 
citizens  or  for  the  registration  of  electors  shall  be  uniform  through- 
out the  state,  but  laws  regulating  and  requiring  the  registration  of 
electors  may  be  enacted  to  apply  to  cities  only;  provided,  that  such 
laws  be  uniform  for  cities  of  the  same  class. 

Corresponding  provisions  in — 

Art.  Ill,   sec.  20,   clause   (f) ,   constitution  as  proposed. 


Bribery  at  Elections. — Challenging  of  Electors. 

Section  8.  Any  person  who  shall  give,  or  promise  or  offer  to  give, 
to  an  elector,  any  monej',  reward  or  other  valuable  consideration 
for  his  vote  at  an  election,  or  for  withholding  the  same,  or  who  shall 
give  or  promise  to  give  such  consideration  to  any  other  person  or 
party  for  such  electors'  vote  or  for  the  withholding  thereof,  and  any 
elector  who  shall  receive  or  agree  to  receive,  for  himself  or  for  an- 
other, any  money,  reward  or  other  valuable  consideration  for  his 
vote  at  an  election,  or  for  withholding  the  same,  shall  thereby  for- 
feit the  right  to  vote  at  such  election,  and  any  elector  whose  right 
to  vote  shall  be  challenged  for  such  cause  before  the  election  officers, 
shall  be  required  to  swear  or  affirm  that  the  matter  of  the  challenge 
is  untrue  before  his  vote  shall  be  received. 

Corresponding  provisions  in — 

Art.  VI,   sec.  5,   constitution  as  proposed. 


Violation  of  Election  Laws. 

Section  9.  Any  person  who  shall,  while  a  candidate  for  office,  be 
guilty  of  bribery,  fraud  or  willful  violation  of  any  election  law  shall 
be  forever  disqualified  from  holding  an  office  of  trust  or  profit  in  this 
commonwealth ;  and  any  person  convicted  of  willful  violation  of  the 
election  laws  shall,  in  addition  to  any  penalties  provided  by  law,  be 
deprived  of  the  right  of  suffrage  absolutely  for  a  term  of  four  years. 

Corresponding  provisions  in — 

Art.  VI,  sec.  5;  Art.  VII,  sec.  3,  constitution  as  proposed. 


Witnesses  in  Contested  Elections  and  Election  Investigations. 

Section  10.  In  trials  of  contested  elections  and  in  proceedings  for 
the  investigation  of  elections,  no  person  shall  be  permitted  to  with- 
hold his  testimony  upon  the  ground  that  it  may  criminate  himself  or 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  387 

Art.  VIII,  Sees.  11,  12,  13,  14 

subject  him  to  public  infamy;  but  such  testimony  sliall  not  after- 
wards be  used  against  him  in  an}'  judicial  proceedings  except  for  per- 
jury in  giving  such  testimony. 

Corresponding  provisions  in — 

Art.  VI,   sec.  5,   constitution  as  proposed. 

Election  Districts. 

Section  11.  Townships,  and  wards  of  cities  or  boroughs,  shall  form 
or  be  divided  into  election  districts  of  compact  and  contiguous  terri- 
tory, in  such  manner  as  the  court  of  quarter  sessions  of  the  city  or 
count}'  in  which  the  same  are  located  may  direct;  but  districts  in 
cities  of  over  one  hundred  thousand  inhabitants  shall  be  divided  by 
the  courts  of  quarter  sessions,  having  jurisdiction  therein,  when- 
ever at  the  next  preceding  election  more  than  two  hundred  and  fifty 
votes  shall  have  been  polled  therein ;  and  other  election  districts  when- 
ever the  court  of  the  proper  county  shall  be  of  opinion  that  the  con- 
venience of  the  electors  and  the  public  interests  will  be  promoted 
thereby. 

Corresponding  provisions  In — 

Art.  VI,   sec.  6,   constitution  as  proposed. 

Elections  by  Persons  in  Representative  Capacity. 

Section  12.  All  elections  by  persons  in  a  representative  capacity 
shall  be  viva  voce. 

Corresponding  provisions  in — 

Art.  VT,   sec.  12     constitution  as  proposed. 

Residence  of  Electors. 

Section  13.  For  the  purpose  of  voting  no  person  shal  be  deemed  to 
have  gained  a  residence  b}'  reason  of  his  presence,  or  lost  it  by  reason 
of  bis  absence,  while  employed  in  the  service,  either  civil  or  military, 
of  this  state  or  of  the  United  States,  nor  while  engaged  in  the  navi- 
gation of  the  waters  of  the  state  or  of  the  United  States,  or  on  the 
high  seas,  nor  while  a  student  of  any  institution  of  learning,  nor 
while  kept  in  any  poorhouse  or  other  asylum  at  public  expense,  nor 
while  confined  in  public  prison. 

Corresponding  provisions  in — 

Art.  VI,   sec.  2,   constitution  as  proposed. 

Election  Officers. 

Section  14.  District  election  boards  shall  consist  of  a  judge  and 
two  inspectors,  who  shall  be  chosen  annually  by  the  citizens.  Each 
elector  shall  have  the  right  to  vote  for  the  judge  and  one  inspector, 
and  each  inspector  shall  appoint  one  clerk.  The  first  election  board 
for  any  new  district  shall  be  selected,  and  vacancies  in  election  boards 
filled,  as  shall  be  provided  by  law.  Election  officers  shall  be  privileged 
from  arrest  upon  daj's  of  election,  and  while  engaged  in  making  up 


388  REPORT  OF  THE  COMMISSION  ON 

Art.  VIII,  Sees.  15,  16,  17 

and  tran.smitting  returns,  except  upon  warrant  of  a  court  of  record  or 
judj>e  thereof,  for  an  election  fraud,  for  felony,  or  for  wanton  breach 
of  the  peace.  In  cities  thej'  may  claim  exemption  from  jury  duty 
during  their  terms  of  service. 

Cori'esponding  provisions  in — 

Art.  VI,   sec.  7,    constitution  as  proposed. 


Disqualification  for  Election  Officers. 

Section  15.  No  person  shall  be  qualiiied  to  serve  as  an  election 
officer  who  shall  hold,  or  shall  within  two  months  have  held,  any 
oflQce,  appointment  or  employment  in  or  under  the  government  of  the 
United  States  or  of  this  state,  or  of  any  city,  or  county,  or  of  any 
municipal  board,  commission  or  trust  in  any  city,  save  only  justices  of 
the  peace  and  aldermen,  notaries  public  and  persons  in  the  militia 
service  of  the  state;  nor  shall  any  election  officer  be  eligible  to  any 
civil  office  to  be  filled  at  an  election  at  which  he  shall  serve,  save  only 
to  such  subordinate  municipal  or  local  offices,  below  the  grade  of  city 
or  county  offices,  as  shall  be  designated  by  general  law. 

Corresponding   iirovisions   in- — 

Art.  VII,   sees.  2,   3,   constitution  as  proposed. 


Overseers  of  Elections. 

Section  16.  The  courts  of  common  pleas  of  the  several  counties  of 
the  commonwealth  shall  have  power,  within  their  respective  jurisdic- 
tions, to  appoint  overseers  of  election  to  supervise  the  proceedings  of 
election  officers  and  to  make  report  to  the  court  as  may  be  required ; 
such  appointments  to  be  made  for  any  district  in  a  city  or  county 
upon  petition  of  five  citizens,  laAvful  voters  of  such  election  district, 
setting  forth  that  such  appointment  is  a  reasonable  precaution  to 
secure  the  purity  and  fairness  of  elections;  overseers  shall  be  two  in 
unmber  for  an  election  district,  shall  be  residents  therein,  and  shall 
be  persons  qualified  to  serve  upon  election  boards,  and  in  each  case 
members  of  different  political  parties ;  whenever  the  members  of  an 
election  board  shall  differ  in  opinion  the  overseers,  if  they  shall  be 
agreed  thereon,  shall  decide  the  question  of  difference;  in  appointing 
overseers  of  election  all  the  law  judges  of  the  proper  court,  able  to 
act  at  the  time,  shall  concur  in  the  appointments  made. 

Corresponding   provisions  in — 

Art.  VI,    see.  6.    constitution  as  proposed. 


Trial  of  Contested  Elections. 

Section  17.  I'he  trial  and  determination  of  contested  elections  of 
electors  of  President  and  Vice-President,  mend)ers  of  the  general  as- 
sembly, and  of  all  public  officers,  whether  stale,  judicial,  municipal 
or  local,  shall  be  by  the  courts  of  law,  or  by  one  or  more  of  the  law 
judges  thereof;  the  general  assembly  shall,  by  general  law,  designate 
the  courts  and  judges  by  whom  the  several  classes  of  election  contests 
shall  be  tried,  and  regulate  the  manner  of  trial  and  all  matters  inci- 


CONSTITUTIONAL  AMENDMENT  AND   REVISION.  389 

Art.  IX,  Sees.  1,  2,  3,  4 

dent  thereto;  but  no  such  law  assigning  jurisdiction,  or  regulating 
its  exercise,  shall  apply  to  any  contest  arising  out  of  an  election  lield 
before  its  passage. 

Corrosyondiug   provision.s   in — 

Art.  VI,  sec.  11,   constitiitioii  as  ]>roposcd. 


ARTICLE  IX. 

TAXATION  AND  FINANCE. 

Taxes  to  Be  Uniform. 

Section  1.  All  taxes  shall  be  uniform,  upon  the  same  class  of  sub- 
jects, within  the  territorial  limits  of  the  authority  levying  the  tax, 
and  shall  be  levied  and  collected  under  general  hnvs ;  but  the  general 
assembly  may,  by  general  laws,  exempt  from  taxation  public  prop- 
erty used*  for  public  pvirposes,  actual  places  of  religious  worship, 
places  of  burial  not  used  or  held  for  private  or  cori^orate  profit, 
and  institutions  of  jjurely  public  charity. 

Corresponding   provision.s   in — 

Art.  VlII,  sees.  1,  2,  constitution  as  proposed.  , 

Exemption  From  Taxation  Limited. 

Section  2.  All  laws  exempting  property  from  taxation,  other  than 
the  property  above  enumerated,  shall  be  void. 

Corresponding   provisions   in — 

Art.  VIII,  see.  2,  constitiition  ;is  proposed. 

Taxation  of  Corporations. 

Section  3.  The  power  to  tax  corporations  and  corporate  property 
shall  not  be  surrendered  or  suspended  by  any  contract  or  grant  to 
v.'hich  the  state  shall  be  a  party. 

Corresponding    provisions   in — 

Art.  Vlil    sec.  3,  constitution  as  proposed. 

Limitation  on  State  Debt. 

Section  4.  No  debt  shall  be  created  by  or  on  behalf  of  the  state, 
except  to  supply  casual  deficiencies  of  revenue,  repel  invasion,  sup- 
press insurrection,  defend  the  state  in  war,  or  to  pay  existing  debt; 
and  the  debt  created  to  supply  deficiencies  in  revenue  shall  never 
exceed  in  the  aggregate,  at  any  one  time,  one  million  dollars:  Pro- 
vided, however,  That  the  general  assembly,  irrespective  of  any  debt, 
may  authorize  the  state  to  issue  bonds  to  the  amount  of  fifty  millions 
of  dollars  for  the  purpose  of  improving  and  rebuilding  the  liighways 
of  the  commonwealth.     (Auiendment  of  November  4,  1918.) 

Corresponding    provisions    in — 

Art.  VIII,  sec.  4,  constitution  as  proposed. 


390  REPORT  OF  THE  COMMISSION  ON 

Art.  IX,  Sees.  5,  6,  7,  8 

Limitation  on  State  Loans. 

Section  5.  All  laws,  aiitIioj-i;dng  the  borrowing  of  money  by  and 
on  behalf  of  the  state,  shall  specify  the  purpose  for  which  the  money 
is  to  be  used,  and  tlie  money  so  borrowed  shall  be  used  for  the  pur- 
pose specified  and  no  other. 

Corresponding   provisions  in — 

Art.  VIII,  soc.  5,  constitution  as  pronosrd. 


State  Credit  Not  To  Be  Pledged. 

Section  6.  The  credit  of  the  commonwealth  shall  not  be  pledged 
or  loaned  to  any  individual,  company,  corporation  or  association, 
nor  shall  the  commonAvealth  become  a  joint  owner  or  stockholder  in 
any  company,  association  or  corporation. 

Corresponding   provisions   in — 

Art.  VIII,  sec.  7,  constitution  as  proposed. 


Municipalities  Not  to  Become  Stockholders  in  Corporations  nor  Loan 

Credit. 

Section  7.  The  general  assembly  shall  not  authorize  any  county, 
city,  borough,  township  or  incorporated  district  to  become  a  stock- 
holder in  any  company,  association  or  corporation,  or  to  obtain  or 
appropriate  money  for,  or  to  loan  its  credit  to,  any  corporation,  asso- 
ciation, institution  or  individual. 

Corresponding   provisions  in — 

Art.  XIII,   sec.  20,  constitution  as  proposed. 

Debts  of  Municipalities. — Debt  of  Philadelphia. 

Section  8.  The  •debt  of  any  county,  city,  borough,  township,  school 
district,  or  other  municipality  or  incorporated  district,  except  as 
provided  herein,  and  in  section  fifteen  of  this  article,  shall  never 
exceed  seven  (7)  per  centum  upon  the  assessed  value  of  the  taxable 
property  therein,  but  the  debt  of  the  city  of  Philadelphia  maj'  be 
increased  in  such  amount  that  the  total  city  debt  of  said  city  shall 
not  exceed  ten  (10)  per  centum  upon  the  assessed  value  of  the  tax- 
able property  therein,  nor  shall  any  such  municipality  or  district 
incur  any  new  debt,  or  increase  its  indebtedness  to  an  amount  exceed- 
ing two  (2)  per  centum  upon  such  assessed  valuation  of  property, 
without  the  consent  of  the  electors  thereof  at  a  public  election  in 
such  manner  as  shall  be  provided  by  law.  In  ascertaining  the  bor- 
rowing capacity  of  the  said  city  of  Philadelphia,  at  any  time,  there 
shall  be  excluded  from  the  calculation  and  deducted  from  such  debt 
so  much  of  the  debt  of  said  city  as  shall  have  been  incurred,  and  the 
proceeds  thereof  invested,  in  any  public  improvements  of  any  charac- 
ter which  shall  be  yielding  to  the  said  city  an  annual  current  net 
revenue.  The  amount  of  such  deduction  shall  be  ascertained  by  capi- 
talizing the  annual  net  revenue  from  such  improvement  during  the 
year  immediately  preceding  the  time  of  snch  ascertainment ;  and  such 
capitalization  shall  be  estimated  by  ascertaining  the  principal  amount 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  391 

Art.  IX,  Sees.  9,  10,  11 

which  would  yield  such  annual,  current  net  revenue,  at  the  average 
rate  of  interest,  and  sinking  fund  charges  payable  upon  the  indebted- 
ness incurred  by  said  city  lor  such  purposes,  up  to  the  time  of  such 
ascertainment.  The  method  of  determining  such  amount,  so  to  be 
deducted,  may  be  prescribed  by  the  general  assembly.  In  incurring 
indebtedness  for  any  ])urpose,  the  citj^  of  Philadelphia  may  issue  its 
obligations  maturing  not  later  than  fifty  years  from  the  date  thereof, 
with  provision  for  a  sinking  fund  sufficient  to  retire  said  obligations 
at  maturity,  the  payment  to  such  sinking  fund  to  be  in  equal  or 
graded  annual  or  other  periodical  instalments.  Where  any  indebted- 
ness shall  be  or  shall  have  been  incurred  by  said  city  of  Philadelphia 
for  the  purpose  of  the  construction  or  improvement  of  public  works 
of  any  character,  from  which  income  or  revenue  is  to  be  derived  by 
said  city,  or  for  the  reclamation  of  land  to  be  used  in  the  construction 
of  wharves  or  docks  owned  or  to  be  owned  by  said  city,  such  obliga- 
tions may  be  in  an  amount  sufficient  to  provide  for,  and  may  include 
the  amount  of,  the  interest  and  sinking  fund  charges  accruing  and 
which  may  accrue  thereon  throughout  the  period  of  construction,  and 
until  the  expiration  of  one  year  after  the  completion  of  the  work  for 
which  said  indebtedness  shall  have  been  incurred ;  and  said  city  shall 
not  be  required  to  levy  a  tax  to  pay  said  interest  and  sinking-fund 
charges  as  required  by  section  ten,  article  nine  of  the  constitution  of 
Pennsylvania,  until  the  expiration  of  said  period  of  one  year  after  the 
completion  of  said  work.     (Amendment  of  November  5,  1918.) 

Correspondiug   provisions  in — 

Art.  XIII,    sees.  17,    IS,   constitution  as  proposed. 

Municipal  Debt  Not  to  Be  Assumed  by  State. — Exceptions. 

Section  9.  The  commonwealth  shall  not  assume  the  debt,  or  any 
part  thereof,  of  any  city,  county,  borough  or  township,  unless  such 
debt  shall  have  been  contracted  to  ena'ble  the  state  to  repel  invasion, 
suppress  domestic  insurrection,  defend  itself  in  time  of  war,  or  to 
assist  the  state  in  the  discharge  of  any  portion  of  its  present  in- 
debtedness. 

Corresponding   provisions   in — 

Art.  VIII,  sec.  8,  constitution  as  proposed. 

Tax  to  Liquidate  Municipal  Debts. 

Section  10.  Any  county,  township,  school  district  or  other  munici- 
pality incurring  any  indebtedness  shall,  at  or  before  the  time  of  so 
doing,  provide  for  the  collection  of  an  annual  tax  sufficient  to  pay  the 
interest  and  also  the  principal  thereof  within  thirty  years. 

Corresponding    provisions   in — 

Art.  XIII,  sec.  23,  constitution  as  proposed. 

State  Sinking  Fund. 

Section  11.  To  provide  for  the  payment  of  the  present  state  debt, 
and  any  additional  debt  contracted  as  aforesaid,  the  general  assembly 
shall  continue  and  maintain  the  sinking  fund,  sufficient  to  pay  the 


:!!)2  REPORT  OF  TUE  COMMISSION  ON 

Art.  IX,  Sees.  12,  13,  14,  15 

accruing  interest  on  such  debt,  and  annually  to  reduce  the  principal 
thereof  by  a  sum  not  less  than  two  hundred  and  fifty  thousand  dol- 
lars; the  said  sinking  fund  shall  consist  of  the  proceeds  of  the  sales 
of  the  public  works  or  any  part  thereof,  and  of  the  income  or  pro- 
ceeds of  the  sale  of  any  stocks  owned  by  the  commonwealth,  together 
with  other  funds  and  resources  that  may  be  designated  by  law,  and 
shall  be  increased  from  time  to  time  by  assigning  to  it  any  part  of  the 
taxes  .or  other  revenues  of  the  state  not  required  for  the  ordinary 
and  current  expenses  of  government;  and  unless  in  case  of  war,  in- 
vasion or  insurrection,  no  part  of  the  said  sinking  fund  shall  be  used 
or  ap])lied  otherwise  than  in  the  extinguisjnneut  of  the  public  debt. 

( 'orrcsixnidiiig    provisious    in — 

Art.  VIII,    sot'.  6,    con.stitution  as  proposed. 

Surplus  State  Funds. — Investments. 

Section  12.  The  moneys  of  the  state,  over  and  above  the  necessary 
reserve,  shall  be  used  in  the  i)ayment  of  the  debt  of  the  state,  either 
directly  or  through  the  sinking  fund,  and  the  monej^s  of  the  sinking 
fund  shall  never  be  invested  in  or  loaned  upon  the  security  of  any- 
thing, except  the  bonds  of  the  United  States  or  of  this  state. 

The  first  part  of  tliis  sortiou  is  omitted  as  an  unnecessary  restriction.  The 
provision  with  respect  to  the  investment  of  moneys  of  the  sinking  fund  is 
transferred  to  Article  VIII,    section  6  of  the  constitution  as  proposed. 

Reserve  Funds  Limited. — Monthly  Statements  of  Reserve  Funds. 

Section  13.  The  moneys  held  as  necessary  reserve  shall  be  limited 
by  law  to  the  amount  required  for  current  expenses,  and  shall  be 
secured  and  kept  as  may  be  provided  by  law.  Monthly  statements 
shall  be  published  showing  the  amount  of  such  moneys,  where  the 
same  are  deposited,  and  how  secured. 

( 'orrcsponding    provisions   in — 

Art.  VIII,    sec.  9,    constitution  as  proposed. 

Punishment  for  Misuse  of  State  Moneys. 

Section  14.  Tlie  making  of  profit  out  of  the  public  moneys  or  using 
the  same  for  any  purpose  not  authorized  by  laAV  by  any  officer  of  the 
state,  or  member  or  officer  of  the  general  assembly,  shall  be  a  mis- 
demeanor and  shall  be  ])unisluMl  as  may  be  provided  by  law,  but  part 
of  such  punishment  shall  be  dis(iu;ilification  to  hold  office  for  a  period 
of  not  less  than  five  years. 

Corresponding    provisions   in — 

Art.  VIII,  sec.  11;  Art.  A'll,   sec.  H,   constitution  as  proposed. 

Municipal  Indebtedness  for  Certain  Public  Works. 

Section  15-.  No  obligations  Avhich  have  been  heretofore  issued,  or 
which  may  hereafter  be  issued,  by  any  county  or  municipality,  other 
than  Philadelphia,  to  ])rovide  for  the  construction  or  acquisition  of 
waterworks,  sid)wnys,  underground  railways  or  street  railways,  or 


CONSTITUTIONAL  AMIONDMENT   ANP   KEVISIOX.  393 

Art.  X,  Sees.  1,  2 

the  appurtenances  thereof,  shall  be  considered  as  a  debt  of  a  munici- 
pality, within  the  meaning  of  section  eight  of  article  nine  of  the  con- 
stitution of  Pennsylvania  or  of  this  amendment,  if  the  net  revenue 
derived  from  said  property  for  a  period  of  five  years,  either  before 
or  after  the  acquisition  thereof,  or,  where  the  same  is  constructed  by 
the  county  or  municipality,  after  the  completion  thereof,  shall  have 
been  suflScient  to  pay  interest  and  sinking  fund  charges  during  said 
period  upon  said  obligations,  or  if  the  said  obligations  shall  be  se- 
cured by  liens  upon  the  respective  properties,  and  shall  impose  no 
municipal  liability.  Where  municipalities  or  counties  shall  issue 
obligations  to  provide  for  the  construction  of  property,  as  herein 
provided,  said  municipalities  or  counties  may  also  issue  obligations 
to  provde  for  the  interest  and  sinking  fund  charges  accruing  thereon 
until  said  properties  shall  have  been  completed  and  in  operation  for 
a  period  of  one  year;  and  said  municipalities  and  counties  shall  not 
be  required  to  le\y  a  tax  to  pay  said  interest  and  sinking  fund  charges, 
as  required  by  section  ten  of  article  nine  of  the  constitution  of  Penn- 
sylvania, until  after  said  properties  shall  have  been  operated  by  said 
counties  or  municipalities  during  said  period  of  one  year.  Any  of 
the  said  municipalities  or  counties  may  incur  indebtedness  in  excess 
of  seven  per  centiim,  and  not  exceeding  ten  per  centum,  of  the  assessed 
valuation  of  the  taxable  property  therein,  if  said  increase  of  indebted- 
ness shall  have  been  assented  to  by  three-fifths  of  the  electors  vot- 
ing at  a  public  election,  in  such  manner  as  shall  be  provided  by  law. 
(Amendment  of  November  4,  1913.) 

Corresponding   provisions   in — 

Art.  XIII,    sees.  17,    18,    constitution  as  proposed. 


ARTICLE  X. 

EDUCATION.  ^ 

Public  School  System. 

Section  1.  The  general  assembly  shall  provide  for  the  maintenance 
and  support  of  a  thorough  and  efficient  system  of  public  school«, 
wherein  all  the  children  of  this  commonwealtli  above  the  age  of  six 
years  may  be  educated,  and  shall  appropriate  at  least  one  nnlliou 
dollars  each  year  for  that  puipose. 

Corresponding   provisions  in — 

Art.  XI,   sec.  1,   constitution  as  proposed. 

Diversion  of  School  Moneys  to  Sectarian  Schools. 

Section  2.  No  money  raised  for  the  sujtport  of  the  ))ublic  schools  of 
the  Commonwealth  shall  be  api>ropriyted  to  or  used  for  the  support 
of  any  sectarian  school. 

Corresponding   provisions   in — 

Art.  XI,   sec.  4,   constitution  as  proDosod. 


394  REPORT  OF  THE  COMMISSION  ON 

Art.  X,  Sec.  3;  Art.  XI,  Sec.  1;  Art.  XII,  Sees.  1,  2 

Women  Eligible  as  School  Officers. 

Section  3.  Women  of  twenty-one  years  of  age  and  upwards,  shall  be 
eligible  to  any  oflQce  of  control  or  management  under  the  school  laws 
of  this  state. 

Omitted,  because  its  provisions  arc  covered  by  tlie  last  paragraph  of  Article  VI, 
section  1  as  proposed,  which  provides  that  "The  right  to  vote  and  to  hold 
oflice  shall  not  be  denied  on  account  of  ra<;e,  color  or  sex." 


ARTICLE  XI. 

MILITIA. 

Militia  to  Be  Organized. — Maintenance. — Exemption  from  Service. 

Section  1.  The  freemen  of  this  commonwealth  shall  be  armed,  oi'- 
ganized  and  disciplined  for  its  defense  when  and  in  such  manner  as 
may  be  directed  by  law.  The  general  assembly  shall  provide  for 
maintaining  the  militia  by  appropriations  from  the  treasury  of  the 
commonwealth,  and  may  exempt  from  military  service  persons  hav- 
ing conscientious  scruples  against  bearing  arms. 

Corresponding   provisions   in — 

Art.  Ill,  sec.  23,  constitution  as  proposed. 


ARTICLE  XII. 

PUBLIC  OFFICERS. 

Election  of  State  and  Local  Officers.. 

Section  1.  All  officers,  whose  selection  is  not  provided  for  in  this 
Constitution,  shall  be  elected  or  appointed  as  may  be  directed  by  law ; 
provided,  that  elections  of  state  officers  shall  be  held  on  a  general 
election  day,  and  elections  of  local  officers  shall  be  held  on  a  muni- 
cipal election  day,  except  when,  in  either  case,  special  elections  may 
be  required  to  fill  unexpired  terms. 

The  provisions  of  thts  section  relating  to  the  time  of  electing  public  officers  have 
been  transferred  to  Article  VII,  section  1.  So  much  of  the  section  as  provides: 
"All  officers,  whoso  selection  is  not  provided  for  in  this  constitution,  shall  be 
elected  or  appointed  as  may  be  directed  by  law,"  is  omitted  as  superfluous. 


Incompatible  Offices. 

vSection  2.  No  member  of  Congress  from  this  state,  nor  any  person 
holding  or  exercising  any  office  or  appointment  of  trust  or  profit 
under  the  United  States,  shall  at  the  same  time  hold  or  exercise  any 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  395 

Art.  XII,  Sec.  3;  Art.  XIII,  Sec.  1;  Art.  XIV,  Sec.  1 

office  in  this  state  to  which  a  salary,  fees  or  perquisites  shall  be  at- 
tached. The  general  assembly  may  by  law  declare  what  offices  are 
incompatible. 

Corresponding   provisions  in — 

Art.  VII,  sec.  2,  constitution  as  proposed. 

Punishment  for  Dueling. 

Section  3.  Anj^  person  who  shall  fight  a  duel  or  send  a  challenge 
for  that  purpose,  or  be  aider  or  abettor  in  fighting  a  duel,  shall  be  de- 
prived of  the  right  of  holding  any  office  of  honor  or  profit  in  this  state, 
and  may  be  otherwise  punished  as  shall  be  prescribed  by  lavr. 

Omitted,   because  the  Commission  believe  its  provisions  are  wholly  unnecessary. 


ARTICLE  XIII. 

NEW  COUNTIES. 

4rimitation  on  Erection  of  New  Counties. 

Section  1.  No  new  countj'  shall  be  established  which  shall  reduce 
am'  county  to  less  than  four  hundred  square  miles,  or  to  less  than 
twenty  thousand  inhabitants ;  nor  shall  any  county  be  formed  of  less 
area,  or  containing  a  less  population ;  nor  shall  any  line  thereof  pass 
within  ten  miles  of  the  county  seat  of  any  county  proposed  to  be  di- 
vided. 

Corresponding   provisions   in — 

Art.  XIII,   sec.  4,   constitution  as  proposed. 


ARTICLE  XIV. 

COUNTY  OFFICERS. 

County  Offices. 

Section  1.  County  officers  shall  consist  of  sheriffs,  coroners,  pro- 
tlionotaries,  registers  of  wills,  recorders  of  deeds,  commissioners, 
treasurers,  surve^'ors,  auditors  or  controllers,  clerks  of  the  courts, 
district  attorneys,  and  such  others  as  may  from  time  to  time  be  es- 
ti-blished  b}'  law ;  and  no  sheriff  or  treasurer  shall  be  eligible  for  the 
term  next  succeeding  the  one  for  which  he  may  be  elected- 

Corresponding  provisions   in — 

Art.  XIII,    sees.  9,    10,    constitution  as  proposed. 


396  REPORT  OP  THE  COMMISSION  ON 

Art.  XIV,  Sees.  2,  3,  4,  5.  6 

Election  of  County  Officers. — Terms. — Vacancies. 

Section  2.  Coiiiily  officers  sliall  be  elected  at  the  municipal  elec- 
tions and  shall  hold  their  offices  for  the  term  of  four  years,  beginning 
on  the  first  Monday  of  January  next  after  their  election,  and  until 
their  successors  shall  be  duly  qualified ;  all  vacancies  not  otherwise 
provided  for,  shall  be  filled  in  such  manner  as  may  be  provided  by 
law.     (Amendment  of  November  2,  1909.) 

Correspon(liiig   provisions   in — 

Art.  XIII,   sec.  10,   constitution  as  proposed. 

Qualifications. 

Section  3.  No  person  shall  be  appointed  to  an.y  office  within  any 
c(»nnty  who  shall  not  have  been  a  citizen  and  an  inhal)itant  therein 
one  year  next  before  his  appointment,  if  the  county  shall  liave  been 
so  long  erected,  but  if  it  shall  not  have  l)een  so  long  erected,  then 
within  the  limits  of  the  county  or  counties  out  of  which  it  shall  have 
been  taken. 

Corresponding   provisions  in — 

Art.  XIII,  sec.  13,  constitution  as  proposed. 


Where  Offices  Shall  Be  Kept. 

Section  1.  Prothonotaries,  clerks  of  the  courts,  recorders  of  deeds, 
registers  of  wills,  county  surveyors  and  sheriffs,  shall  keep  their  of- 
fices in  the  county  town  of  the  county  in  which  they  respectively  shall 
be  officers. 

Corresponding   provisions   in — 

Art.  XIII,   sec.  14,  constitution  as  proi)oscd. 

Compensation  of  County  Officers. — Fees. 

Section  5.  The  compensation  of  county  officers  shall  be  i-egulated 
by  law,  and  all  county  officers  who  are  or  may  be  salaried  shall  pay 
all  fees  which  they  may  be  authorized  to  receive,  into  the  treasury  of 
the  county  or  state,  as  may  be  directed  by  law.  In  counties  contain- 
ing over  one  hundred  and  fifty  thousand  inhabitants  all  county  of- 
ficers shall  be  paid  by  salary,  and  the  salary  of  any  such  officer  and 
his  clerks,  heretofore  paid  Iw  fees,  shall  not  exceed  the  aggregate 
amount  of  fees  earned  during  his  term  and  collected  by  or  for  him. 

Corresponding   provisions  in — 

Art.  XIII,  sec.  15,  constitution  as  proposed. 

Accountability  of  Municipal  Officers. 

Section  6.  The  general  assembly  shall  provide  by  law  for  the  strict 
accountability  of  all  county,  township  and  borough  officers,  as  well 
for  the  fees  which  may  be  collected  by  them,  as  for  all  public  or 
municipal  moneys  which  may  be  paid  to  them. 

Corresponding   provisions   in — 

Art.  XIII,   sec.  8,   constitution  as  proposed. 


CONSTITUTIONAL   AMIONDMExXT   AND   REVISION.  397 

Art.  XIV,  Sec.  7;  Art.  XV,  Sees.  1,  2,  3 

County  Commissioners  and  Auditors. 

Section  7.  Three  county  coniinissioneis  and  tliree  comity  auditors 
Siiall  be  elected  in  eacli  county  A\iiere  such  ollicers  are  chosen,  in  the 
year  one  thousand  nine  hundred  and  eleven  and  every  fourth  year 
thereafter;  and  in  the  election  of  said  officers  each  qualiHed  elector 
shall  vote  for  no  more  than  two  persons,  and  the  three  persons  havini;- 
the  highest  number  of  votes  shall  be  elected;  any  casual  vacancy  in 
tlie  office  of  county  connnissioners  or  county  auditor  shall  l)e  lilled, 
Ity  tlie  court  of  common  pleas  of  the  county  in  which  such  vacancy 
shall  occur,  by  the  ap})ointnient  on  an  elector  of  the  projjcr  county 
who  shall  have  voted  for  the  commissioner  or  auditor  whose  place  is 
1')  be  tilled.      (Amendment  of  Novendier  2,  1!MM,). » 

Oorn-sijoiuliiig   provisiou.s   in — 

Art.  XIII,  s«'c.  11,   eonstitntion  as  proposed. 


ARTICLE  XV. 

CITIES  AND  CITY  CHARTERS. 

When  Cities  May  be  Chartered. 

Section  1.  Cities  may  be  chartered  whenever  a  majority  of  the 
electors  of  any  town  or  borough  having  a  population  of  at  least  ten 
thousand  shall  vote  at  any  general  election  in  favor  of  the  same. 


Omitted  because  the  Commission  believe  that  xhe  general  assembly  should  have 
tlie  right  to  determine  the  minimum  number  of  persons  who  may  form  a  given 
kind  of  municipality,  and  because  so  much  of  this  section  as  gives  to  the 
electors  of  a  borough  (the  town  as  a  municipal  organization  is  not  known  to 
our  law)  the  right  to  give  or  withhold  their  assent  to  having  the  borough 
become  a  city,  has  been  included  in  the  important  principle  expressed  in 
Article  XII,  section  4,  constitution  as  proposed  :  "A  city  or  borough  shall  not 
be  established  *  *  *  except  with  the  consent  of  a  majority  of  the  electors 
resident  within  the  proposed  boundaries  voting  on  the  (piestion.     *     *     *     » 


Debts  Incurred  by  Municipal  Commissions. 

Section  2.  No  debt  shall  be  contracted  or  liability  incurred  by  any 
municipal  commission,  except  in  pursuance  of  an  ap])ropriation 
previously  made  therefor  by  the  municipal  government. 

Corresponding   provisions   in — 

Art.  XIII,   sec.  11),   constitution  as  proposed. 


City  Sinking  Fund. 

Section  3.  Every  city  shall  create  a  sinking  fund,  which  shall  be 
inviolably  pledged  for  the  payment  of  its  funded  debt. 

Corresponding   provisions  in — 

Art.  XIII,  sec.  18,  constitution  as  proposed. 


398  REPORT  OF  THE  COMMISSION  ON 


Art.  XVI,  Sees.  1,  2,  3,  4 

ARTICLE  XVI. 

PRIVATE  CORPORATIONS. 

Certain  Unused  Charters  Void. 

Section  1.  All  existing  charters,  or  grants  of  special  or  exclnsive 
privileges,  under  which  a  bona  iide  organization  shall  not  have  taken 
place  and  business  been  commenced  in  good  faith,  at  the  time  of  the 
adoption  of  this  Constitution,  shall  thereafter  have  no  validity. 

Omitted.  In  1874  when  this  section  came  in  force,  there  wer(>  a  number  of 
charters  of  incorporation  granted  under  special  laws  which  it  was  important 
to  cancel.  To  re-adopt  the  section  in  a  new  constitution  would  be  to  cancel 
all  charters  taken  out  under  the  existing  general  incorporation  act,  if  the 
incorporators  had  not  done  business.  The  requirement  that  persons  who 
secure  a  charter  must,  in  a  reasonable  time,  perfect  their  organization  and 
begin  business  is  amply  taken  care  of  by  the  Act  of  June  13,  1883,  section  5, 
P.  L.  123.  For  act  applying  only  to  banks,  see  Act  of  April  23,  1909,  P. 
L.   143. 


Conditions  Imposed  on  Certain  Benefits  to  Corporations.  . 

Section  2.  The  general  assembly  shall  not  remit  the  forfeiture  of 
tbe  charter  of  any  corporation  now  existing,  or  alter  or  amend  the 
same,  or  pass  any  other  general  or  special  law  for  the  benefit  of  such 
corporation,  except  upon  the  condition  that  such  corporation  shall 
thereafter  hold  its  charter  subject  to  the  provisions  of  this  Consti- 
tution. 

Corresponding   provisions   in — 

Art.  IX,  sec.  11,  eonstitutiofl  as  proposed. 


State's  Right  of  Eminent   Domain. — Police  Pov^rer. 

Section  3.  The  exercise  of  the  right  of  eminent  domain  shall  never 
be  abridged  or  so  construed  as  to  prevent  the  general  assembly  from 
taking  the  property  and  franchises  of  incorporated  companies,  and 
subjecting  them  to  public  use,  the  same  as  the  property  of  individuals ; 
and  the  exercise  of  the  police  power  of  the  state  shall  never  be 
abridged  or  so  construed  as  to  permit  corporations  to  conduct  their 
business  in  such  manner  as  to  infriuge  tlie  equal  rights  of  individuals 
or  the  general  well-being  of  the  state. 

Corresponding   provisious  in — 

Art.  IX,   sec.  7,   constitution  as  proposed. 


Corporate  Elections. 

Section  4.  In  all  elections  for  directors  or  managers  of  a  corpora- 
tion eacli  member  or  shareholder  may  cast  the  v.diole  number  of  his 
votes  for  one  candidate,  or  distribute  them  upon  two  or  more  can- 
didates, as  he  may  prefer. 

Corresponding   pro\nsions  in — 

Art.  IX,   sec.  5,   constitution  as  proposed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  399 

Art.  XYI,  Sees.  5,  6,  7,  8 

Foreign  Corporations.. 

Section  5.  No  foreign  corporation  shall  do  any  business  in  this 
state  without  having  one  or  more  known  places  of  business  and  an 
authorized  agent  or  agents  in  the  same  upon  whom  process  may  be 
served. 

Corresponding   pro\isious   in — 

Art.  IX,   sec.  ti,   constitution  as  proposed. 

Corporate  Powers. — Real  Estate. 

Section  G.  No  corporation  shall  engage  in  any  business  other  than 
that  expressly  authorized  iu  its  charter,  nor  shall  it  take  or  hold  any 
real  estate  except  such  as  may  be  necessary  and  proper  for  its 
legitimate  business. 

Corresponding    provisions   in — 
Art.   IX,    sec.  1. 

The  provisions  in  the  present  constitution  that  a  corporation  cannot  hold  any 
real  estate  except  such  as  may  be  necessary  and  proper  for  its  business  has 
been  omitted  because  if  it  only  means  that  a  corporation  cannot  hold  any  real 
estate  for  the  purpose  of  engaging  iu  a  business  not  authorized  by  its  charter, 
such  holding  is  prevented  by  the  wording  of  the  section  herein  suggested.  If 
the  wording  of  the  present  constitution  may  be  interpreted  as  preventing  a 
corporation  holding  for  its  future  use  in  its  authorized  'business  more  property 
than  it  is  actually  using  in  its  business  at  the  moment,  the  provision  is  harmful, 
because  it  prevents  p<n-sons  carrying  on  business  in  corporate  form  from  acting 
in  the  conduct  of  tiieir  business  a-s  ordinary  prudent  business  men  should  act, 
in  that  it  prevents  them  from  securing  sufficient  real  estate  to  anticipate  what 
they  may  reasonably  except  to  be  the  needs  of  their  business. 

Stocks  and  Bonds. — Increase  of  Indebtedness. 

Section  7.  No  corporation  shall  issue  stocks  or  bonds  except  for 
money,  labor  done,  or  money  or  property  actually  received ;  and  all 
fictitious  increase  of  stock  or  indebtedness  shall  be  void.  The  stock 
and  indebtedness  of  corporations  shall  not  be  increased  except  in  pur- 
suance of  general  law,  nor  without  the  consent  of  the  persons  holding 
the  larger  amount  in  value  of  the  stock,  first  obtained  at  a  meeting  to 
be  held  after  sixty  days'  notice  given  in  pursuance  of  law. 

Corresponding   provisions   in — 

Art.  IX,   sec.  2,   constitution  as  proposed. 

Property  Taken,  Injured  or  Destroyed  by  Private  and 
Municipal  Corporations. 

Section  8.  Municipal  and  other  corporations  and  individuals  in- 
vested with  the  privilege  of  taking  private  property  for  public  use 
shall  make  just  compensation  for  property  taken,  injured  or  destroyed 
by  the  construction  or  enlargement  of  their  works,  highways  or  im- 
provements, which  compensation  shall  be  paid  or  secured  before  such 
taldng,  injury  or  destruction.  The  general  assembly  is  hereby  pro- 
hibited from  depriving  any  person  of  an  appeal  from  any  preliminary 
assessment  of  damages  against  any  such  corporations  or  individuals 
made  by  viewers  or  otherwise;  and  the  amount  of  such  damages  in 
all  cases  of  appeal  shall  on  the  demand  of  either  party  be  determined 
by  a  jury  according  to  the  course  of  the  common  law. 

Corresponding   provisions  in — 

Art.  X,   sec.  2,   constitution  as  proposed. 


4fX>  REPORT  OF  THE  COMMISSION  ON 

Art.  XVI,  Sees.  9,  10,  11,  12,  13 

Banking  Laws. 

Section  9.  Every  bai)kiiig  law  shall  provide  for  the  registry  and 
countersigning,  by  an  officer  of  the  state,  of  all  notes  or  bills  designed 
lor  circulation,  and  that  ample  security  to  the  full  amount  thereof 
shall  be  deposited  with  the  Auditor  General  for  the  redemption  of 
such  notes  or  bills. 

Corre.spoiuliiig   i)rovisions   in — 

Art.  IX.   .stT".  4,   c()iistitutii)ii  as  proposrd. 

Revocation  and  Alteration  of  Corporate  Charters. — New  Charters. 

Section  10.  The  general  assemblj^  shall  have  the  power  to  alter, 
revoke  or  annul  any  charter  of  incorporation  now  existing  and  re- 
vocable at  the  adoption  of  this  Constitution,  or  any  that  may  here- 
after be  created,  whenever  in  their  opinion  it  may  be  injurious  to 
the  citizens  of  this  commonwealth,  in  such  manner,  however,  that 
no  injustice  shall  be  done  to  the  corporators.  Xo  law  hereafter 
enacted  shall  create  renew  or  extend  the  charter  of  more  than  one 
corporation. 

Corresponding   provisions   in — 

Art.  IX,   sec.  10,  constitution  as  proposed. 

Bank  Charters. 

Section  11.  The  general  assembly  shall  have  the  power  by  general 
law  to  provide  for  the  incorporation  of  banks  and  trust  companies 
and  to  prescribe  the  powers  thereof. 

Corresponding  provisions  in — 

Art.  IX.  sec.  12,  constitution  as  proposed. 

Regulation  of  Telegraph  Lines. 

Section  12.  Any  association  or  corporation  organized  for  the  pur- 
pose, or  any  individual,  shall  have  the  right  to  construct  and  main- 
tain lines  of  telegraph  within  this  state,  and  to  connect  the  same  with 
other  lines,  and  the  general  assembly  shall,  by  general  law  of  uni- 
form operation,  provide  reasonable  regulations  to  give  full  effect  to 
this  section.  Xo  telegraph  company  shall  consolidate  with,  or  hold  a 
controlling  interest  in  the  stock  or  bonds  of  any  other  telegraph  com- 
pany owning  a  competing  line,  or  acquire,  by  purchase  or  otherwise, 
any  other  competing  line  of  telegraph. 

Corresponding   provisions   in — 

Art.  X.   sees.  8,   7,   constitution  as  projiosed. 

Joint-Stock  Companies  or  Associations  Treated  as  Corporations. 

Section  13.  The  term  "corporation"  as  used  in  this  article  shall 
be  construed  to  include  all  joint-stock  companies  or  associations  hav- 
ing any  of  the  powers  or  privileges  of  corporations  not  possessed  by 
individuals  or  partnerships. 

Corresponding   piovisions   in — 

Art.  IX,   sec.  13,  constitution  as  proposed. 


(, ONSTlTrTlONAL  AMENDMENT  AND   REVISION.  401 


Art.  XVII,  Sees.  1,  2,  3 

ARTICLE  XVII. 

RAILROADS  AND  CANALS. 

Railroads  and  Canals  to  be  Public  Highways  and  Common 
Carriers. — Connection  With  Other  Lines. 

Section  1.  All  railroads  and  canals  shall  be  public  highways,  and 
all  railroad  and  canal  companies  shall  be  common  carriers.  Any 
association  or  corporation  organized  for  the  purpose  shall  have  the 
right  to  construct  and  operate  a  railroad  between  any  points  within 
this  state,  and  to  connect  at  the  state  line  with  railroads  of  other 
states.  Every  railroad  company  shall  have  the  right  with  its  road  to 
intersect,  connect  with  or  cross  any  other  railroad;  and  shall  receive 
and  transport  each  the  other's  passengers,  tonnage  and  cars  loaded  or 
empty,  without  delay  or  discrimination. 

Corresponding   provisions   in — 
.     Art.   X,    spc.  3,    constitution  as   proposed. 


Stock  Transfer  Office. — Books. 

Section  2.  Every  railroad  and  canal  corporation  organized  in  this 
state  shall  maintain  an  office  therein  where  transfers  of  its  stock 
shall  be  made,  and  where  its  books  shall  be  kept  for  inspection  by  any 
stockholder  or  creditor  of  such  corporation,  in  which  shall  be  recorded 
the  amount  of  capital  stock  subscribed  or  paid  in,  and  by  whom,  the 
names  of  the  owners  of  its  stock  and  the  amounts  owned  by  them, 
respectively,  the  transfer  of  said  stock,  and  the  names  and  places 
of  residence  of  its  officers. 

Omitted,  beoause  the  section  contains  oidy  detail  provisions  which  your  Com- 
mission believe  are  the  proper  subject  of  statutory  ratlier  than  constitutional 
regulation. 


No  Discrirnination  in  Service. 

Section  3.  All  individuals,  associations  and  corporations  shall  have 
equal  right  to  have  persons  and  property  transported  over  railroads 
and  canals,  and  no  undue  or  unreasonable  discrimination  shall  be 
made  in  charges  for,  or  in  facilities  for,  transportation  of  freight 
or  passengers  within  the  state  or  coming  from  or  going  to  any  other 
state.  Persons  and  property  transported  over  any  railroad  shall  be 
delivered  at  any  station  at  charges  not  exceeding  the  charges  for 
transportation  of  persons  and  property  of  the  same  class  in  the  same 
direction  to  any  more  distant  station;  but  excursion  and  commuta- 
tion tickets  may  be  issued  at  special  rates. 

Corresponding   provisions   in — 

Art.   X,    sec.  5,    constitution   as  proposed. 


26 


402  REPORT  OF  THE  COMMISSION  ON 

Art.  XVII,  Sees.  4,  5,  6,  7 

Consolidation  Permitted. 

Section  4.  No  railroad,  canal  or  other  corporation,  or  the  lessees, 
purchasers  or  managers  of  any  railroad  or  canal  corporation,  shall 
consolidate  the  stock,  property  or  franchises  of  such  corporation 
with,  or  lease,  or  purchase  the  works  or  franchises  of,  or  in  any  way 
control  any  other  railroad  or  canal  corporation  owning  or  having 
under  its  control  a  i)arallel  or  competing  line;  nor  shall  any  officer 
of  such  railroad  or  canal  corporation  act  as  an  officer  of  any 
railroad  or  canal  corporation  owning  or  having  the  control  of  a 
parallel  or  competing  line;  and  the  question  whether  railroads  or 
canals  are  parallel  or  competing  lines  shall,  when  demanded  by  the 
party  complainant,  be  decided  by  a  jury  as  in  other  civil  cases. 

Corresponding   provisions  in — 

Art.  X,   sec.  7,   constitution   as  proposed. 


Limitation  of  Powers. 

Section  5.  No  incorporated  company  doing  the  business  of  a  com- 
mon carrier  shall,  directly  or  indirectly,  prosecute  or  engage  in  min- 
ing or  manufacturing  articles  for  transportation  over  its  works;  nor 
shall  such  company,  directly  or  indirectly,  engage  in  any  other  busi- 
ness than  that  of  common  carriers,  or  hold  or  acquire  lands,  freehold 
or  leasehold,  directly  or  indirectly,  except  such  as  shall  be  necessary 
for  carrying  on  its  business;  but  any  mining  or  manufacturing  com- 
pany may  carry  the  products  of  its  mines  and  manufactories  on  its 
railroad  or  canal  not  exceeding  fifty  miles  in  length. 

Corresponding   provisions  in — 

Art.   X,    sec.  8,    constitution  as  proposed. 


Officers  Not  to  be  Interested  in  Contracts. 

Section  6.  No  president,  director,  officer,  agent  or  employee  of 
any  railroad  or  canal  company  shall  be  interested,  directly  or  indi- 
rectly, in  the  furnishing  of  material  or  supplies  to  such  company,  or 
in  the  business  of  transportation  as  a  common  carrier  of  freight  or 
p{\ssengers  over  the  works  owned,  leased,  controlled  or  worked  by 
such  company. 

Omitted  because  it  contains  matter  suitable  for  legislative  action  rather  than  for 
constitutional  declaration. 


Discrimination  and  Preferences  Prohibited. 

Section  7.  No  discrimination  in  charges  or  facilities  for  trans- 
])ortation  shall  be  made  between  transportation  companies  and  indi- 
viduals, or  in  favor  of  either,  by  abatement,  drawback  or  otherwise, 
and  no  railroad  or  canal  company,  or  any  lessee,  nmnager  or  employe 
thereof,  shall  make  any  preferences  in  furnishing  cars  or  motive 
power. 

Corresponding   provisions  in — 

Art.  X,   sec.  6,   constitution  as  proposed. 


CONSTITUTIONAL  AMENDMENT  AND  REVISION.  403 

Art.  XVII,  Sees.  8,  9,  10,  11,  12 

Passes  Prohibited. 

Section  8.  No  railroad,  railway  or  other  transportation  company 
shall  grant  free  passes,  or  passes  at  a  discount,  to  any  person  except 
officers  or  employes  of  the  company. 

Corresponding   provisions  in — 

Art.  X,    sec.  9,    constitution  as  proposed. 

Street  Railways. 

Section  9.  No  street  passenger  railway  shall  be  constructed  within 
the  limits  of  any  city,  borough  or  township,  without  the  consent 
of  its  local  authorities. 

Corresponding   provisions   in — 

Art.  XIII,  sec.  26,  constitution  as  proposed. 

Acceptance  of  these  Articles. 

Section  10.  No  railroad,  canal  or  other  transportation  company, 
in  existence  at  the  time  of  the  adoption  of  this  article,  shall  have 
the  benefit  of  any  future  legislation  by  general  or  special  laws, 
except  on  condition  of  complete  acceptance  of  all  the  provisions  of 
this  article. 

Omitted,  because  tliis  section  is  a  repetition  of  the  more  comprehensive  provi- 
sions on  the  same  subject  in  Article  IX,  sec.  11,  as  proposed  (Art.  XVI, 
sec.  2  of  the  present  constitution). 

Duties  of  Secretary  of  Internal  Affairs. 

Section  11.  The  existing  powers  and  duties  of  the  auditor  general 
in  regard  to  railroads,  canals  and  other  transportation  companies, 
except  as  to  their  accounts,  are  hereby  transferred  to  the  secretary 
of  internal  affairs,  who  shall  have  a  general  supervision  over  them, 
subject  to  such  regulations  and  alterations  as  shall  be  provided 
by  law;  and  in  addition  to  the  annual  reports  now  required  to  be 
niade,  said  secretary  may  require  special  reports  at  any  time  upon 
any  subject  relating  to  the  business  of  said  companies  from  any 
officer  or  officers  thereof. 

Omitted  because  the  transference  of  powers  from  the  auditor  general's  depart- 
ment to  the  secretary  of  internal  affairs  was  accomplished  on  the  adoption 
of  the  present  constitution,  and  therefore  the  provision  is  obsolete.  Also  we 
believe  that  the  constitution  should  not  attempt  to  prescribe  in  detail  the 
powers  of  the  diiferent  executive  departments  of  the  state  government.  As 
worded,  the  section  does  not  vest  in  the  secretary  of  internal  affairs  any 
powei's  which  the  general  assembly  may  not  alter  or  abolish. 

Enforcement  of  This  Article. 

Section  12.  The  general  assembly  shall  enforce  by  appropriate 
legislation  the  provisions  of  this  artieie. 

Corresponding   provisions  in — 

Art.   X,    sec.   11,    constitution   as   proposed. 


404  REPORT  OF  TUE  COMMISSION  ON 

Art.  XVIII,  Sec.  1;  Amendment  of  Nov.  2,  1915 

ARTICLE  XVIII. 

FUTURE  AMENDMENTS. 

How  Constitution  May  Be  Amended. 
Section  1.  Any  amendment  or  amendments  to  this  Constitution  may 
he  proposed  in  the  Senate  or  House  of  Representatives;  and,  if  the 
same  shall  be  agreed  to  by  a  majority  of  tlie  mem,bers  elected  to  each 
House,  such  proposed  amendment  or  amendments  shall  he  enteied  on 
tiieir  journals  with  the  yeas  and  nays  taken  thereon,  and  the  Secre- 
tar}-  of  the  Comonwealth  shall  cause  the  same  to  be  published  three 
months  before  the  next  general  election,  in  at  least  two  newspapers  in 
every  county  in  which  such  newspapers  shall  lie  published :  and  if,  in 
the  general  assembly  next  afterwards  chosen,  such  proposed  amend- 
ment or  amendments  shall  be  agreed  to  by  a  majority  of  the  members 
elected  to  each  Hou.se,  the  Secretary  of  the  Commonwealth  shall  cause 
the  same  again  to  be  published  in  the  manner  aforesaid ;  and  such 
proposed  amendment  or  amendments  shall  he  submitted  to  the  quali- 
fied electors  of  the  state  in  such  manner,  and  at  such  time  at  least 
three  months  after  being  so  agreed  to  by  the  two  Houses,  as  the 
general  assembly  shall  prescribe;  and,  if  such  amendment  or  amend- 
ments shall  be  approved  by  a  majority  of  those  voting  thereon,  such 
amendment  or  amendments  shall  become  a  part  of  the  Constitution ; 
but  no  amendment  or  amendments  shall  be  submitted  oftener  than 
once  in  five  years.  When  two  or  more  amendments  shall  be  sub- 
mitted tjiey  shall  be  voted  upon  separately. 

Corresponding   pro\nsions  in — 

Art.  XIV,   sec.  1,   constitution  as  proposed. 


AMENDMENT  OF  NOVEMBER  2,  1915. 
Laws  may  be  passed  providing  for  a  .system  of  registering,  trans- 
ferring, insuring  of  and  guaranteeing  land  titles  by  the  state,  or 
by  the  counties  thereof,  and  for  settling  and  determining  adverse 
or  other  claims  to  and  interest  in  lands  the  titles  to  which  are  so 
]  egistered,  transferred,  insured  and  guaranteed ;  and  for  the  creation 
and  collection  of  indemnity  funds;  and  for  earning  the  system 
and  powers  hereby  provide<l  for  into  elfect  by  such  existing  courts 
as  may  be  designated  by  the  legislature,  and  by  tJie  establishment 
of  such  new  courts  as  may  be  deemed  necessary.  In  matters  arising 
in  and  under  the  operation  of  such  system;,  judicial  powers,  with 
right  of  appeal,  may  be  conferred  by  the  legislature  upon  county 
recorders  and  upon  other  officers  by  it  designated.  Such  laws  may 
provide  for  continuing  the  registering,  transferring,  insuring  and 
guaranteeing  such  titles  after  the  first  or  original  registration  has 
been  jierfected  by  the  court,  and  ])rovision  may  be  made  for  raising 
the  necessary  funds  for  expeiisi's  and  salaries  of  officers,  which  shall 
be  paid  out  of  the  treasuiy  of  the  .several  counties. 

This  section  was  added  to  the  present  constitution  by  the  amendment  of  November 
2,  1915.  The  legislature  failed  to  designate  any  article  or  section  for  the 
amendment. 

Corresponding   provisions  in — 

Art.  Ill,   sec.  22,    constitution  as  proposed. 


EXHIBIT  E. 


INDEX 

to  the 

PROPOSED  CONSTITUTION. 


(405) 


(406) 


EXHIBIT  E. 


INDEX  TO  THE  PROPOSED  CONSTITUTION. 

Art.  Sec. 

Abolishment  of  government,    I  2 

Alteration   of  government,    I  2 

Amendments  to  bills,    Ill  5 

Amendment  to  constitution,    XIV  1 

Appeals  iu  penalty  cases,    V  22 

Appointing  power,     IV  8 

Appropriation  bills,   approval  and  veto,    Ill  18 

Appropriations ,    charitable, Ill  13 

educational ,     Ill  13 

public  education ,    XI  3 

general  law,    Ill  12 

law,   one  subject,    Ill  9 

plan  of,    Ill  12 

to  pay  debts  of  municipalities,    Ill  15 

to  sectarian-  institutions Ill  14 

Arms,   conscientious  scruples  against  bearing,    Ill  23 

right  to  bear I  21 

Army,   governor  commander-in-chief,    IV  7 

standing,  iu  times  of  peace,    I  22 

Assembly ,   right  of ,    I  20 

Assessments  for  benefits , XIII  22 

Attainder,   no  corruption  or  forfeiture,    I  19 

of  treason  or  felony,   I  18 

Attorney  general,   appointed,    IV  8 

member  of  board  of  pardons, IV  9 

Auditor,  appointment  of  by  orphans  court,    V  12 

Auditor  general,   approval  of  contracts,    IV  21 

election  and  term ,    IV  19 

vacancy IV  8 

Bail,  excessive  forbidden,    I  13 

right  to I  14 

Banks ,    incorporation  of,    IX  12 

Bank  notes  and  bills ,   IX  4 

Bills,   alteration  or  amendment Ill  5 

amendments,     HI  5 

approval  by  majority  of  each  house,    Ill  7 

final  passage HI  7 

local  or  special ,    HI  Q 

printing  and  reference,    Ill  3 

to  repeal  a  local  or  special  law Ill  (\ 

revenue ,     HI  2 

signatures  to HI  .5 

Board  of  pardons IV  9 

Boroughs,   appointive  officers, XIII  7 

establishment  or  change,    XIII  6 

Borrowing  power,   see  state  debt,   municipalities. 

Bribery  as  disqualification ,    VII  3 

evidence  in ,   VII  9 

of  or  by  public  servants VII  9 

Budget  system ,    HI  12 

Canals,   construction  of,    X  10 

discrimination   forbidden .  .  .  X  5 

rights  of,    X  3 

Capital ,  change  of,    HI  26 

Charitable   appropriations,     HI  13 

inspection   and  control  of,    XII  4 

plan  of,    '. ■./.■.  HI  12 

provided  for,    XII  1 

what    forbidden m  iQ 

(407) 


408 


INDEX. 


Art. 

Charters,   change  of,    IX 

Cities,    appointive  officers      XIH 

estahlishnient  or  change, XIII 

Civil  power,    paramount  to  military I 

Civil   service   system, VII 

Claims  against  commonwealth  without  Dreviuus  authority Ill 

Coditication.    oni;  suhject,    HI 

Commission,   lots  to  determine  priority,    V 

Oyer  and   terminer,    I 

Commissioner  of  education,    appointed,    IV 

chief  executive  officer  of  state  council XI 

Commissions IV 

Committees   of  conference ; Ill 

to  consider  bills,    Ill 

Common  carriers,   limitations  on X 

rights  of X 

Common  pleas,   compensation V 

composition,    election  and  term,    V 

jurisdiction    of,     V 

in  Philadelphia,    V 

residence V 

Commonwealth ,   suits  against^    I 

Compensation,    extra  forbidden,    Ill 

members  of  general  assembly     II 

of  officer,   increase  or  decrease VII 

Compilation  of  statutory  law.   one  subject Ill 

Consolidation  of  public  utilities X 

Constitution,    amendment,     XIV 

convention  to  amend  or  revise,    XIV 

Contracts  of  state  government,    IV 

Corporations,   banks  and  trust  companies,    IX 

change  of  charter IX 

cumulative   voting,     IX 

definition ,    IX 

increase  of  stock  or  debt,    IX 

investment  of  trust  funds.    IX 

issue  of  stocks  and  bonds, IX 

obligations  owned  by  state,    IX 

police  power  as  to ,    IX 

powers ,    IX 

registration  of  foreign , IX 

statutes  of  limitation IX 

to  accept  this  constitution IX 

Correctional  institutions,  inspection  and  control  of XII 

provided  for,     XII 

Corruption  of  blood  on  attainder I 

Costs  may  be  graded ,    V 

Counsel,  assignments  of  gratuitous V 

Counties,    appointive  officers,    XIII 

co-extensive  with  a  city,  finances XIII 

co-extensive  with  a  city,    officers,    XIII 

commissioners  and  auditors XIII 

compensation  of  officers XITI 

election  of  officers ,    XIII 

establishment  of  new XITI 

officers    of,     XIII 

officers  in  county  seat XIII 

l)rothonotary  of  Philadelphia XIII 

residence  of  appointive  officers,    ■ XIII 

(]!ourts.   compensation V 

determination  of  election  contests VI 

duties  to  be  judicial  only,    V 

increase  of  compensation,    VII 

judicial  ]iower  vested  in ,    V 

numbering  of  judgesliiiis V 

offices   incompatible  with   judge,     VII 

o])en  and  speedy  justice,    I 

(piarter  sessions  of  the  xieaee V 

oyer  and  terminer V 

power  to  change  venue,    V 

priority  of  commission,    |V 

removal  of  judges VII 

residence  of  jmlges V 

special  laws  forbidden Ill 

Criminal  prosecutions,    rights  of  accused I 

Cumulative    voting,     IX 


Sec. 
10 

7 

6 
2-1 

8 
IG 

9 
l(j 
15 

8 


8 

8 

18 

8 

9 

10 

17 

11 

16 

7 


20 
12 
10 

l.S 
•> 

8 

'> 

8 
7 
1 
0 
9 
11 
4 
o 

19 
25 
25 

7 
Ifi 

9 
11 
15 
10 

4 

9 
14 
12 
l.S 
18 
11 
19 

5 

1 
15 

2 

11 

11 

11 

20 

16 

7 

17 

20 

9 

5 


INDEX. 


409 


Art. 

Date  when  laws  take  effect,    Ill 

Death,   survival  of  liijlit  of  action ill 

L)ebt,  see  state  dibt.   munici]_ialities. 

Dibts,    imprisonment  for  forbidden,    I 

I)enominational  institutions,    appropi-iations  to,    Ill 

no  ai)i)ropi'iation  tor  education XI 

Deodands  forbidden I 

Disability  of  goxernor,   determination  of IV 

of  lieutenant-governor,    determination  of,    IV 

Disasters,    relief  for, Ill 

Disqualifications   from   office VII 

Districts,    judicial V 

representative ,    II 

senatorial ,      II 

Due  process  clause ,    I 

Education,    appropriation  for,    XI 

III 

appropriations   to   denominational    institutions,     XI 

basic  instruction  in  English ,    XI 

commissioner    of XI 

only  English  institutions  exempted  from  taxation,    VIII 

state  council  of,    XI 

state  school  fund , XI 

system  provided ,    XI 

what  foi'bidden ,    Ill 

Election  districts,    VI 

Elections  of  auditor  general IV 

bribery VI 

of  common  pleas  judges V 

contested ,     ^ VI 

contested  of  governor,    iV 

of  county  commissioners  and  auditors,    XIII 

of  county  officers,    XIII 

election  officers ,    VI 

election  officer  as  candidate VII 

free  and  equal ,    I 

general  when  held , VI 

of  governor,    IV 

judgeships  to  be  numbered V 

of  justices  of  the  peace ,    V 

of  justices  of  the  peace  in  Philadelphia,    V 

of  lieutenant-governor,    IV 

method  of,    VI 

municipal  officers ,    VII 

municipal  when  held VI 

no  discrimination  for  race,   color  or  sex VI 

overseers   of  elections,    VI 

l)rivilege  from  arrest VI 

qualifications  of  electors,    VI 

representative  bodies VI 

i-esidence   of  electors VI 

soldier  and  sailor  vote ,    VI 

special .     VII 

special  laws  forbidden ,    Ill 

of  superior  court V 

supreme   court ,     V 

testimony  in  contested  election VI 

time    of VI 

VII 

vacancies  filled  by IV 

Electricity,   sale  of  surplus, X 

Eminent  domain,    compensation  required I 

method  of  exercise,    X 

no   abridgment ,     IX 

English,  schools  must  employ  to  be  exempt  from  taxation,    VIII 

to  be  basis  of  instruction XI 

Evidence,   against  one's  self,    I 

Executive  officers,    IV 

Executive   i»o\ver,    vested.     IV 

Ex  post  facto  law ,    I 

Extra  condemnation XIII 

Felony,    attainder  forbidden I 

Fines,   exce.ssive  forbidden ,    I 

Forfeiture  of  est  a  ic j 

Foreign    corporations IX 

Funds  under  public  cimtrol,   appropriations  to,    Ill 


Sec. 
19 
21 

16 

14 

4 

19 

16 

16 

15 

3 

7 

4 

3 

9 

3 

13 

4 

6 

2 

2 

9 

5 

1 

16 

6 

19 

5 

8 

11 

4 

11 

10 

7 

3 

5 

•    9 

3 

15 

13 

14 

13 

10 

1 

9 

1 

8 

4 

1 

12 

2 

3 

1 

20 

5 

2 

5 

9 

1 

8 

8 

10 


1 
1 

17 
23 
18 
13 
19 
6 
15 


410  INDEX. 


Furnishings  anil  fuol  for  capitol  buildings,    

General  assembly ,    adjournments ,    

adjournment  by  governor 

adjournment  in  case  of  veto,    

choice  of  officers 

comijcnsation,     

composition   of 

debates   privileged ,     • 

-  disqualifications ,     

election  and  qualifications  of  members,    

.election  of  governor  by,    

election  of  members,    

expulsion  of  member,    

incompatible  offices 

interested  member  not  to  vote,    

journals ,     

members  not  to  be  interested  in  state  contracts, 

officers  and  employees,    

power  of,   

powers  of  each  house,    

in-ivilege  from  arrest,    

quorums ,    

sessions  open 

special  sessions,    

terms  of  members ,    

times  of  sessions 

vacancies ,    

Government,  right  to  alter,   reform  or  abolish,    ... 
Governor,  approval  and  veto  of  appropriations.    .  .  . 

contested  election 

determination  of  disability,    

duty  to  inform  general  assembly,    

election ,      

incompatible  offices 

military  and  naval  power 

pardoning   power,    

power  of  aP'iointmeut,    

power  to  adjourn  or  convene  general  assembly, 

power  to  require  information,    

qualifications ,    

term ,     

to  have  supreme  executive  power,    

vacancy  in  office,    

Gratuities   forbidden,     

for  military  services 

Habeas  corpus,    suspension  of,    

Health,   protection  and  promotion  of, 

Homicide  cases,  appeals  to  supreme  court,    

nou.se  of  representatives,  part  of  general  assembly. 

powers,     

speaker ,      

Immigration  permitted ,    

Impeachment , 

as  disqualification  from  office ,    

Impairing  obligation  of  contracts.    

Incompatible  offices,    

Indictments,   form  of,    

Industrial  statistics,  bureau  of 

Information ,   proceedings  by,    

Interested  member  of  general  assembly  not  to  vote, 

Investment  of  trust  funds, 

Irrevocable  grants  of  special  privilege,    

Journals  and  general  assembly,    

Judges,   see  courts. 

Judicial   districts,    

Judicial  power  vested,    

Jury,  agreement  to  waive  trial  by,   

in  libel  cases,    

trial  by  as  heretofore,    

Justices  of  the  peace,  appcal.s  from.    

comi)ensatioii ,      

election   of 

jurisdiction ,     

removal  of,    

residence 


IV 

21 

II 

16 

IV 

12 

III 

17 

II 

12 

II 

7 

II 

1 

II 

8 

VII 

3 

II 

11 

IV 

14 

II 

6 

II 

11 

VII 

o 

III 

4 

II    - 

14 

IV 

20 

II 

13 

II 

1 

II 

11 

II 

8 

II 

10 

II 

15 

IV 

12 

II 

6 

II 

9 

II 

6 

I 

2 

III 

17 

IV 

4 

IV 

1« 

IV 

11 

IV 

3 

VII 

2 

IV 

7 

IV 

9 

IV 

8 

IV 

12 

IV 

10 

IV 

2 

IV 

3 

IV 

6 

IV 

14 

III 

16 

III 

15 

I 

15 

XII 

5 

V 

21 

II 

1 

II 

11 

II 

12 

I 

25 

VII 

6 

VII 

3 

I 

17 

VII 

o 

V 

23 

IV 

18 

I 

10 

III 

4 

IX 

3 

I 

17 

II 

14 

V 

7 

V 

1 

V 

24 

I 

7 

I 

6 

Y 

22 

y 

13 

V 

13 

\^ 

13 

y 

13 

V 

17 

INDKX. 


411 


Art.  Sec. 

ill  Philadelphia,    V     14,17, 

18 

not  in  Philadelphia,    V  13 

Land  titles,   Ill  22 

Laws,  date  of  taking  effect,   Ill  19 

enacted  by  bill  only,    Ill  1 

form  of  amending,    reviving  or  extending,    Ill  11 

only  one  subject,    Ill  9 

short   title , Ill  10 

subject  expressed  in  title Ill  10 

Legislative  apportionment,    II  2 

Legislative  power,   vesting  of,    II  1 

Libel,  freedom  of  communication,    I  7 

Liberty,   right  of  enjoying I  1 

Libraries,    public  system,    XI  1 

Liteutenant-governor,   determination  of  disability,    IV  16 

election  of,    ". IV  1.3 

incompatible   offices,     • VII  2 

member  of  board  of  pardons,    IV  9 

to  be  president  of  the  senate,    IV  13 

qualifieations,      IV  13 

Avhen   succeeds  to  governor,    IV  14 

Life,    right  of  enjoying,    I  1 

not  to  be  twice  in  jeopardy ,    I  10 

Limitation  of  liability  for  injuries,    Ill  21 

Local  laws,  see  special  laws. 

Magistrates  abolished ,    V  14 

Manufacturing  corporation,  when  not  common  carrier,    X  8 

Masculine  form  to  include  feminine,    Concluding  See. 

Mileage,   members  of  general  assembly,    II  7 

Military  power,    subject  to  civil ,    I  22 

services,    gratuities   for,     Ill  1.5 

services,   pensions  for,    Ill  15 

Militia Ill  23 

governor  commander-in-chief IV  7 

Mine  cave-ins,    relief  for,    Ill  15 

special  taxation  for  relief,    VIII  1 

Mining  corporation,  when  not  common  carrier,    X  8 

Misdemeanor  in  office,  proceedings  by  information,   '. .  .  .  I  10 

Mothers'   pensions ,    Ill  15 

Municipalities,    see  also  counties,    cities,   townships,    boroughs. 

accountability  of  officers,    XIII  8 

appointive  officers,    XIII  7 

appropriations  to  pay  debts  of,   , Ill  15 

assessments  for  benefits,    XIII  22 

assumption  of  debt  by  state,    VIII  8 

borrowing  capacity XIII  17 

city  or  borough  established  or  chansred,    XIII  6 

classification ,     XIII  2 

contracts   between ,     XIII  25 

control  of  street  passenger  railways,    XIII  26 

county   officers XIII  9 

debts  not  for  money  borrowed,    XIII  19 

definition ,     XIII  1 

disqualifications  from  office,    VII  3 

election  of  officers VII  1 

extra  condemnation XIII  22 

home  rule  for  cities XIII  5 

local  or  special  laws XIII  2 

payment  of  taxes  in  one  place,    XIII  27 

pledge  of  credit, XIII  20 

proportional   representation XIII  3 

special  commissions,    XIII  21 

special  laws  forbidden Ill  20 

zoning XIII  24 

Municipality,   making  profit  out  of  public  money,    VIII  11 

Navy,    governor  commander-in-chief,     IV  7 

Oath    of    office VII  4 

Office ,   during  good  behavior I  24 

Officers,    removal  by  impeachment, VII  6 

Orphans   courts,     V  12 

Orphans  court,   compensation  of  judges,    V  18 

residence,     V  17 

Paper  and  stationery  for  state  government IV  21 

Pardoning  Mower IV  9 


412 


INDEX. 


I'assos  pioliibitod 

I'ayments  out  of  state  treasury,    

IVnal  institutions,   inspection  and  eontrol  of, 

provided   for. 

Pensions   for  military   services, 

public  servants,    

Petition,    riglit   of,    

Pledge  of  credit  by  niunicii)ality 

state  govei'nnient 

Power,    inherent  in  the  peoi)Ie,    

President  pro  tempore  of  the  senate 

when  succeeds  to  governor,    

Presiding  officers,   wlien  required  to  sign,    ... 

Press,    freedom  of 

Printing  and  binding  for  state  government.    . 

Printing  of  bills,    

Prisoners,   employment  and  treatment,    

Process ,   style  of ,    •  •  - 

regulation  of 

water  rights ,    • 

Property,   see  eminent  domain. 

right  of  acquirip" 

Proportional  representation  in  municipalities, 

Prothonotary.    of   Philadelphia 

Public  utilities,    abarenu'nt  and  drawbacks,    .  . 

consolidation    permitted 

discrimination    forbidden 

eminent  domain ,    

free  passes  forbidden.    

limitations  of  common  carriers,    

rights  of  common  carriers 

Punishments,   cruel  forbidden,    

Quartering  of  soldiers,    

Railroads,  discrimination  forbidden,    

rights   of 

Register  of  wills  to  be  clerk  of  orphans  couit, 
Relief  for  disasters,    

mine  cave-ins ,    

Religion,   no  constraint  or  ])reference,    

no    disqualification ,     

Removal  otherwise  than  by  impeachment,    ... 

Representative  bodies,    elections  by 

Representatives,    districts,     

election  of,    

qualifications  and  residence 

term,     

vacancy ,     

Rep,utatiou,    right  of  protecting,    

Reserve  funds  of  state,    

Reservation  of  powers ,    

Res(dutions,   signatures  to  joint.    

Revenue    bills , 

Revision  of  statutory  law.   one  subject,    

Seal  of  the  commonwealth ,    

Searches  and  seizures 

Secretary  of  the  commonwealth  appointed.    .  . 

duties 

member  of  board  of  pardons,    

Secretary  of  internal  affairs  appointed 

duties ,    

member  of  board  of  pardons,    

Sectarian  institutions,    iijjpi'opriations  to,    ... 
Senate,    consent  to  apjjointmeiits 

lieutenant-governor  to  be  president 

part  of  general  a.ssembly 

powers ,     

president  pro  temjiore 

special    sessions 

Senator,   election 

qualifications  and  residence,    

term 

vacancy,     

Senatorial   districts 

Serial  bonds,   slate  debt 

Sinking  fund,    state  ddd 

Speaker  of  house  of  lepresentativ^s,    


Art. 

Sec. 

X 

9 

VIII 

10 

XII 

4 

XII 

2 

III 

15 

III 

15 

I 

20 

XIII 

20 

VIII 

7 

I 

2 

II 

12 

IV 

14 

III 

8 

I 

7 

IV 

21 

III 

3 

XII 

3 

V 

23 

X 

1 

X 

10 

I 

1 

XIII 

3 

XIII 

12 

X 

6 

X 

7 

X 

5 

X 

2 

X 

9 

X 

8 

X 

3 

I 

13 

I 

23 

X 

5 

X 

3 

V 

12 

III 

15 

III 

15 

I 

3 

1 

4 

VII 

7 

VI 

12 

II 

4 

II 

6 

II 

5 

II 

6 

II 

6 

I 

1 

VIII 

9 

I 

26 

III 

8 

III 

o 

HI 

9 

IV 

22 

I 

8 

IV 

8 

IV 

17 

IV 

9 

IV 

8 

IV 

18 

IV 

9 

III 

14 

IV 

8 

IV 

13 

II 

1 

II 

11 

II 

12 

IV 

12 

II 

G 

II 

5 

II 

6 

II 

6 

II 

3 

VIII 

6 

VIII 

6 

II 

12 

INDEX. 


413 


Art. 

Special  aiul  lucal  hnvs  forbidden,    Ill 

Special  comuussions    l^orhiddeii XIII 

Special  laws,    bills  to  n-jieai      . Ill 

classiticatiou   ot"   luniiicipn lilies XIII 

Special  sessions  called  by  governor, IV 

subjects  of  legislation .    HI 

to  elect  fjovernor IV 

SfTite  council  of  education     XI 

State  debt,    amortization VIII 

amount  and  purposes,    VIII 

form  of  law ,    J^'^III 

not  to  include  municipal  debt VIII 

State  treasurer,    aiijiroval  of  contracts IV 

election  and  term IV 

vacancy IV 

State  treasury,   making  jirofit  out  of,    VIII 

payment  on  warrant VIII 

reserve   funds VIII 

Statutes  of  limitation IX 

see  laws. 

Streams,   purity  of,    Ill 

Street  passenger  railways,   control  of XIII 

Subject  of  law  in  title,    Ill 

Subject,   law  to  have  only  (n](>,    Ill 

Suicide,  vesting  of  estate,    I 

Sumniai-y  con^■ictions,    aimeals,    V 

Supei-ior  court,    compensation V 

Superior  court,   election  and  term, V 

jurisdiction .     V 

residence V 

Supreme  court,   appeals  in  homicide  cases     V 

compensation ,     • V 

election  and  term ,    V 

jurisdiction ,     V 

regulation   of  procedure,     V 

i-esidence V 

Survival  of  right  of  action Ill 

Suspension  of  laws,    I 

Taxation ,    exemption VIII 

income  or  decedent's  estate,    VIII 

only  by  general  law     VIII 

payment  of  municipal  taxes  at  once  pl.ace XIII 

special  exemption  laws  forbidden  ,    Ill 

special  on  coal .    .  > VIII 

surrender  of  jxiwer VIII 

uniformity VIII 

Teachers'  pensions Ill 

training  provi<led XI 

Telegraph  and  telephon*^  companies,  disci-imination  forbidden,    ...  X 

rights   of X 

Term  of  officer,   extension VII 

Titles I 

Title,  short Ill 

Torrens  system  of  land  titles Ill 

Towmships.    appointive  officers XIII 

Treason .    attainder  forbidden I 

Trial  by  jury,  agreement  to  waive,    V 

as  heretofore      I 

Trust  companies,    incorporation  of IX 

Trust  funds,   investment  of.    IX 

Universities,   appropriations  to Ill 

public   provided XI 

Venue,  power  to  change V 

Veto  by  governor HI 

Water  rights X 

Women  included  in  masculine  form Concluding 

Workmen's  compensation Ill 

Yeas  and  nays  in  general  assembly II 

on  charitable  approiiriations Ill 

on  final  passage  of  bills Ill 

on  veto IH 

Zoning  of  mu7iici])a]ities,     XIII 


Sec. 

20 

21 

(i 

2 

12 

25 

14 

2 

G 

4 

5 

8 

21 

19 

8 

11 

10 

9 

9 

24 
26 
10 

9 
19 
22 
18 

5 

6 
17 
21 
18 

2 

o 

4 
17 
21 
12 

o 

i 
1 

27 
20 


1 

15 

1 

5 

3 

5 

24 

10 

22 

7 

18 

24 

(> 

12 

O 

l.T 

1 

20 

17,18 

10 

section 

21 

14 

13 

7 

17 

24 


(414) 


T-BOOK.^.^^B0yHB^---- 


LD  21-l00m-8,'34 


0039^93 


np 


UNIVERSITY  OF  CALIFORNIA 


y 


